DEV RAJ Vs. STATE OF H P

JUDGEMENT

(1.) APPELLANTS Dev Raj and Brahmi Devi along with their co-accused Brij Mohan and Giano were tried for the offences under Sections 498A and 306 read with Section 34 of the Indian Penal Code, in Sessions Case No. 16-G/VII of 2001, decided on 1st May, 2003/2nd May, 2003, by the learned trial Court. All of them were convicted, but only appellants Dev Raj and Brij Mohan were sentenced to under go rigorous imprisonment for a period of one year and to pay a fine of Rs.3,000/- each for the offence punishable under Section 498- A of the Indian Penal Code and were also awarded sentence for a period of two years rigorous imprisonment and also to pay a fine of Rs.3,000/- under Section 306 of the Indian Penal Code with default clause, where as co accused Smt. Brahmi Devi and Giano Devi, being women thus under special circumstances of the case were given the benefit of Probation and were ordered to be released on probation of good conduct and also for keeping peace and to be of good behaviour for a period of two years on their furnishing bonds in the sum of Rs.10,000/- each with one surety in the like amount each to the satisfaction of the learned trial Court.

(2.) FEELING aggrieved by the impugned judgment of conviction and sentence all the convicts filed the instant appeal.

(3.) IT is alleged that after the marriage appellants started torturing the deceased for bringing less dowry. During the period she remained in the house of her in-laws, she visited thrice her parental village, which is at a distance of about three kilometers from her matrimonial home. On every visit, deceased used to complain to her parents about maltreatment meted out in the matrimonial home. IT is also alleged that the mother-in-law of the deceased and her husband did not allow her to visit parental home. Thus, Ram Rakha her lather took PW-7 Sushil Kumar and his brother-in-law PW-8 Rattan Chand and Dalip Singh to the house of appellant Dev Raj to ask the appellants to mend their ways. Dev Raj and Brahmi Devi both are stated to have admitted their fault and promised not to give any chance to make any complaint in future and also assured to keep the deceased nicely in her matrimonial home.