DHARMENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) CONVICTS Dharmender, Kamal Singh and Bimla have filed this criminal appeal assailing their conviction and sentence ordered by learned Additional Sessions Judge, Fast Track Court, Gurgaon vide judgment dated 04.08.2003 and order of sentence dated 07.08.2003. The appellants were convicted under Sections 498 -A, 304 -B, 34 of the Indian Penal Code (for short 'IPC') and sentenced to undergo rigorous imprisonment for 2 -1/2 years with fine of Rs. 500/ - each and in default of payment of fine, to further undergo rigorous imprisonment for three months each under Section 498 -A IPC read with Section 34 IPC They were further sentenced to undergo rigorous imprisonment for seven years with fine of Rs. 2000/ - each under Section 304B read with Section 34 IPC and in default of payment of fine, to further undergo rigorous imprisonment for one year each. The case of the prosecution as culled out from the judgment of the Trial Court is as under: -

(2.) ON presentation of challan, the trial Court finding prima facie evidence against accused -appellants Dharmender, Kamal Singh and Bimla, framed charge for the offences under Sections 498 -A and 304 -B of the Indian Penal Code read with Section 34 IPC. The accused pleaded 'not guilty' to above charge and claimed trial.

(3.) THE statements of the accused under Section 313 Cr.P.C., were recorded. They pleaded innocence and alleged false implication. In defence, the accused had examined DW -1 Raja Ram; DW -2 K.S. Yadav, Manager, Union Bank of India; DW -3 Dalbir Singh Patwari; DW -4 Surender Singh, Registration Clerk; DW -5 Anil Kumar Patwari and DW -6 Bharat Bhushan.