RAVI KANT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRAFULLA C. Pant, J. These two appeals, preferred under Section 374 of Code of Criminal Proce dure, 1973 (hereinafter referred as Cr. P. C.), are directed against the same judgment and order dated 25-03-2003, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 84 of 1998 and Sessions Trial No. 24 of 1999, whereby accused/appellants, Ravi Kant, Shree Kant, Shashi Kant and Sri Niwas, are convicted under Section 498 A of Indian Penal Code, 1860 (hereinafter re ferred as I. P. C.), 304 B I. P. C. and one punishable under Section 4 of Dowry Prohibition Act, 1961. Each of the con vict/appellants is sentenced to undergo imprisonment for life and to pay fine of Rs. 5. 000/- under Section 304 B I. P. C. , to rigorous imprisonment for a period of one year and to pay fine of Rs. 1,000/-under Section 498-A I. P. C. , and rigor ous imprisonment for a period of one year and to pay fine of Rs. 2,000/- un der Section 4 of Dowry Prohibition Act, 1961.

(2.) HEARD learned counsel for the parties and perused the record.

(3.) BEFORE further discussions, we think it just and proper to mention the ante mortem injuries recorded by P. W. 10 Dr. D. N. Dhyani, who prepared au topsy report (Ext. A-27) on 26-02-1998, which are being reproduced below : Legature mark present on the neck, above the thyroid, 2cm below the chin. Mark 25 cm long around the. neck, on the back leaving space of 7cm on the left lateral aspect of neck and partial to the mandible line. On cutting the tissue is shining white (sub-cutaneous tissues ). No other mark of external injury seen.