ANGOORI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Three accused persons were tried by the Additional Sessions Judge, Bayana, bharatpur for the offences punishable under Section 304-B read with Section 120-B and section 201, IPC. All the three were found guilty and sentenced to undergo imprisonment for life for the offence punishable under Section 304-B read with Section 120-B, IPC, and a fine of Rs. 2,000/- was imposed on each of them and for the offence under Section 201, ipc to undergo rigorous imprisonment for one year and a fine of Rs. 500/- each. They challenged their conviction and sentence before the High Court and the Division Bench of the High Court of Rajasthan confirmed their conviction and sentence. The accused amrit Lal and his wife Angoori Devi have filed Criminal Appeal No. 1110 of 2002 and their son Hemender Kumar has filed Criminal Appeal No. 1344 of 2002.

(2.) The prosecution case is that deceased Neeraj was the daughter of PW. 1 vishambar Dayal. She was married to appellant Hemender Kumar in 1989. After the marriage, Neeraj was staying with the appellants for some period and occasionally she used to come to the residence of PW. 1. Whenever she came to the house of PW. 1. she used to say that she was being physically tortured by her husband Hemender Kumar. PW. 1 and his wife PW. 10 Somawati used to console and persuade their daughter to go to her husband's house. Deceased Neeraj found her life intolerable as her husband continued to physically assault her. She came back again to the house of PW. 1. Appellant Amrit Lal came to the house of PW. 1 and undertook that he would take care of his daughter-in-law and assured that his son Hemender Kumar would not cause any injury to Neeraj at the matrimonial house. On 08.11.1992, PW. 1 got information that his daughter Neeraj was done to death. He was in shock and he went to the house of the appellant alongwith the station House Officer and SDM and saw the dead body of his dauther Neeraj. He later gave the FI statement before the police and based on the statement the police registered the case under Section 304-B, IPC and started the investigation.

(3.) The dead body of Neeraj was sent for post-mortem examination and the Doctor opined that she died of asphyxia. The Investigating Officer filed a charge-sheet under sections 302/304-B/120-B and under Section 201, IPC. The learned Sessions Judge after- perusal of the record framed charges only under Sections 304-B/201/120-B, IPC. On the side of the prosecution PW. 1 to PW. 20 were examined and the documents in evidence as Exhibit-P/1 to Exhibit-P/22 were also produced. The Sessions Court held that these appellants were guilty of offence charged against them and the same was confirmed by. the High Court.