(1.) VIDE impugned judgment and order dated 23. 12. 2000, the learned Additional sessions Judge has acquitted co-accused Nahar Singh and Vinod Kumar i. e. the father-in-law and the husband of the deceased Ms. Vimlesh of the charges under Section 302/34 IPC and Section 498-A/34 IPC. Appellants Shivani, the sister-in-law of deceased, Premwati, the mother-in-law of the deceased, Satish Kumar and Ashok Kumar, the two brothers-in-law of the deceased have been convicted for the offence punishable under section 302/34 IPC. They have been acquitted of the charge for the offence punishable under Section 498-A/34 IPC.
(2.) THE reason for acquitting the husband and the father-in-law of the deceased and convicting the appellants for the offence of murder is that the two dying declarations made by the deceased did not implicate Nahar Singh, the father-in-law of the deceased for the offence punishable under Section 302/34 IPC. Qua vinod, the husband of the deceased, in one dying declaration he was accused of being a by-stander and in the other dying declaration he was assigned the role of a saviour. While acquitting all the accused of the offence punishable under section 498-A/34 IPC, the learned Trial Judge has noted material improvements by the relatives of the deceased on the issue of dowry demands. The learned additional Sessions Judge has held that the testimony of Nepal Singh PW-2, the brother of the deceased and Chinranji Devi PW-4, the mother of the deceased do not inspire confidence and hence has acquitted all the accused persons i. e. Nepal Singh, Vinod, Premwati, Shivani, Ashok and Satish of the charge framed under section 498-A/34 IPC. Relying upon the two dying declarations Ex. PW-21/a and Ex. PW-10/a made by the deceased to Inspector Niranjan Singh PW-21 and Mr. S. N. Sahai PW-10, the then sdm, respectively, the learned Trial Judge has convicted Premwati, the mother-in-law of the deceased, Satish Kumar and Ashok Kumar, brothers-in-law of the deceased and Shivani, the sister-in-law of the deceased for the offences punishable under section 302/34.
(3.) WE note that during the pendency of the appeals Premwati died as recorded in the order dated 20. 5. 2002. Hence, Crl. Appeal No. 30/2001, insofar it relates to the challenge by Premwati stands abated.