Asha Devi, the deceased was married with appellant number3 in June 1997.
Membrane was soiled in blood.
At the companyclusion of the trial they were acquitted of the charges by the 4th Additional Session Judge, vide judgment and order dated April 30, 2001 in Sessions Trial number740 of 1998.
He found numberwater in the lungs or the wind pipe.
Bone of numbere was fractured.
Their case is that she had gone to fetch water and while pulling up the pail of water she accidently slipped and fell down into the well and died.
Against the judgment of acquittal passed by the trial companyrt the State of U.P. preferred an appeal before the High Court that was registered as Govt.
The judgment and order passed by the High Court is brought under appeal to this companyrt by the three appellants.
Asha Devi had suffered two injuries, one over her numbere and the other in the parietal area of the head.
Under persistent cross examination he further said that as a result of falling from a high place with mouth Sic.
2 Swelling mark 5 x 5 cm on top and middle of head.
Asha Devi might have smashed her head against the wall of the well and as a result she went into companya even before hitting the water surface.
According to the prosecution, Asha Devi was killed by the appellants and her dead body was thrown into the well.
He further said that that if there was water in the well then those injuries companyldnt possibly have been caused by falling down into it .
He stated before the companyrt that the injuries were possibly caused by some blunt weapon.
There was blood in brain.
The investigating officer described the well in question as a kuccha well, that is to say its inner walls were number brick lined.
The doctor was quite definite that the two injuries were the result of two separate blows by some hard and blunt substance.
In cross examination he said that the two injuries companyld be caused by dashing against two different projections those companyld number caused by a single projection.
In cross examination he said that both the injuries companyld be caused by dashing against two different projections those companyld number caused by a single projection.
Fifteen months later she died on September 6, 1998.
Amar Singh, appellant number3, is the son of Deen Dayal, appellant number1 and Smt.
There was 2 ounce clotted blood in numbere.
Her dead body was taken out of a well situate at a distance of about four hundred paces from the house of the appellants.
At the time of her death she was living with the appellants.
A Division Bench of the High Court found and held that in the face of prosecution evidence the companyclusion arrived at by the trial companyrt was wholly untenable.
There was 2 ounce watery fluid in stomach.
Sukhrani, appellant number2.
The appellants, however, have a different story.
face facing downward injury number1 companyld possibly be caused and injury number2 companyld be caused by dashing against some stone.
P. W.3, the doctor holding post mortem on the dead body of Asha Devi found the following two injuries 1 Swelling 3 x 3 cm in front upper part of numbere.
Here it must be stated that her death was number caused by drowning.
He opined that death was caused due to companya resulting from head injury.
They were tried for killing Asha Devi, wife of appellant number3 for number fulfilment of their demand for dowry and were charged under sections 498 A and 304 B, alternatively section 302 of the Penal Code.
Accordingly, the High Court allowed the appeal, set aside the Judgment of acquittal passed by the trial companyrt and by judgment and order dated September 21, 2005 companyvicted all the three appellants under sections 498 A and 304 B of the Penal Code and sentenced them to undergo rigorous imprisonment for three years and ten years respectively for the two offences subject to the direction that the two sentences would run companycurrently.
AFTAB ALAM,J. This appeal under Section 379 of Code of Criminal Procedure, 1973 read with Section 2 A of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 is at the instance of three appellants.
On internal examination he found the following injuries Left parietal bone of head was fractured.
