MADAN LAL Vs. STATE

JUDGEMENT

(1.) In Criminal Appeal No. 439/1989:-

(2.) This Criminal Appeal has been preferred against the Judgment, dtd. 27/10/1989, passed by the learned Sessions Court in Criminal Case No. 74/1987 whereby the learned Court convicted the appellants herein for the offences under Ss. 306 and 498A I.P.C. whereby appellants no. 1 and 4, Madanlal and Kundanlal respectively, were awarded 7 years R.I. along with a fine of Rs.100.00 each, in default of payment of which they were to further undergo 10 days R.I. whereas appellants no. 2 and 3, Dropadi and Vimla were each awarded a sentence of 5 years R.I. along with a fine of Rs.100.00 in default of payment of which they were to further undergo 10 days R.I. whereas for the offence under Sec. 498A, each of the appellants were awarded a sentence of 1 year R.I. along with a fine of Rs.100.00 in default of payment of which they were to further undergo 10 days R.I.

(3.) Learned counsel for the appellants submits that the learned Court below had originally framed charges against the accused-appellants for the offences under Sec. 304 B I.P.C. However, when the prosecution failed to prove its case, that there was any demand for dowry, the learned Court below incorrectly substituted it for the charges under Sec. 306 and 498A I.P.C. and wrongly convicted the accused-appellants for the same.