RAM KALI Vs. STATE OF U P

JUDGEMENT

(1.) O. K. Trivedi, J. Criminal Appeal No. 339 of 19991 was filed by Smt. Ram Kali challenging the judgment and order dated 31-5-1991 passed by the Sessions Judge Hardoi, in Sessions Trial No. 5 of 1990 convicting appellant Smt. Ram Kali alongwith appellant Hari Shanker alias Shrawan Kumar alias Shanker (Of Crl. Appeal No. 402 of 1991) under Sections 498-A and 304-B I. P. C. and Sections 3 and 4 of Dowry Prohibition Act and sentencing each of the appellants to two years R. I. under Section 398-A I. P. C, two years R. I. under Sections 3 and 4 of the Dowry Prohibition Act and Life Imprisonment under Section 304-B I. P. C. All the sentences were, how ever, ordered to run concurrently.

(2.) CRIMINAL Appeal No. 402 of 1991 was filed by Hari Shanker alias Shrawan Kumar alias Shanker appellant challeng ing the aforesaid judgment and order passed by the Sessions Judge, Hardoi. In these circumstances both the appeals were consolidated and were heard together and are being disposed of by this common judg ment and order.

(3.) TO prove its case the prosecution examined in all seven witnesses. P. W. 1 Onkar Pandey is the father of the deceased Smt. Suman. He lodged the report and proved the First Information Report as well as the demand of dowry by the accused persons. P. W. 2 Mahabir Prasad is the per son who gave the information about the occurrence to the complainant. P. W. 3 C. O. Yashpal Singh conducted investigation and after completing investigation, sub mitted charge-sheet. P. W. 4 Smt. Krishna wife of Kamla Kant went to the house of the deceased and also accompanied the dead body from the house of the deceased to Police Station Atrauli. She also in formed the complainant about the demand of Silver and Vicky Motor Cycle. P. W. 5 Dr. S. Thiryani conducted post mortem on the dead body of Smt. Suman and proved the post-mortem report Ext. Ka-4. PW-6 Head Constable Raja Ram registered the case and proved the chik report etc. P. W. 7 Ashiq Ali is a formal witness.