DHURA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The conviction of the appellants under Section 201, I.P.C. whereunder they have been sentenced to three years' R. I. is under challenge in this appeal.

(2.) The appellants are son and father respectively named Dhura and Pokhar. The deceased was the wife of Dhura. It appears that the brother of Dhura was once engaged to the sister of the deceased. The engagement was broken off. The deceased was suspected of being instrumental in its breaking off. Both the appellants had grudge against the deceased on that count. Near about the day on which the deceased met her death her first cousin was to be married and she and her husband's family members had been invited. Since they were not responsive, PW-6 was sent to the house of the appellants to repeat the invitation and of the appellants being expected to join the marriage festivities. To the surprise of PW-6, he was told that the deceased had died and that she had been cremated on that very day. Suspecting foul play, on being told, the father of the deceased reported the matter to the police. The appellants after investigation were charged of murder and alternatively for causing disappearance of evidence of the offence of murder. The Court of Session acquitted them of the charge under Section 302, I.P.C. but convicted them under Section 201, I.P.C. The conviction was maintained by the High Court and hence this appeal.

(3.) The established case of the prosecution is that the appellants were maintaining strained relations with the deceased on account of the breaking off of the betrothal. The second circumstance established is that they had been unresponsive to the wedding invitation coming from the deceased's family. The third circumstance established is that even though the villages of the parties were 3 KM apart, the death of the deceased was not reported to her parents and she was cremated on the day her death in their absence. The defence put forward by the appellants was that the deceased had been suffering from diarrhoea and other connected ailments for a few days prior to her death and her death due to such illness was quite natural.