KANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals arising out of a common judgment and order dated 26.04.2001 passed by learned single Judge of the High Court of Judicature for Rajasthan at Jodhpur in S.B. Criminal Appeal No. 125 of 1997 (Arvind Kumar vs. State of Rajasthan) and S.B. Criminal Misc. Petition No. 202 of 1997 (Arvind Kumar (DW-2) vs. State of Rajasthan), were taken up and heard together and shall stand disposed of by this common judgment.

(2.) By the impugned order, the High Court while dismissing the appeal of Arvind Kumar (A-1) and Kanti Lal (A-3) and confirming their conviction and sentence under Sections 304B and 498A of the Indian Penal Code, 1860 (for short the "IPC") recorded by the learned Sessions Judge, Jalore. in Sessions Case No. 25 of 1993, has set aside the conviction of Sanwal Chand (A-2), Bhanwar Lal (A-4), Chetan Lal (A-5), Popat Lal (A-6) and Smt. Bagtu (A-7) and acquitted them of the charged offences. However, S.B. Criminal Misc. Petition No. 202 of 1997 filed by Arvind Kumar Sengwa-Naib Tehsildar (DW-2) under Section 482 of the Code of Criminal Procedure, 1973 praying for expunging adverse observations made by the learned Sessions Judge against him, Dr. Vasudev (PW-11) and Shaitan Singh-Station House Officer (PW-12), contained in paragraph 40 of the judgment, came to be dismissed.

(3.) The incident, which led to the trial of the accused, occurred on 07.08.1992 at about 9.00 a.m. at Village-Silason, District-Pali. Parasmal (PW-5) father of Smt. Laxmi lodged written report (Ex. P-7) to Shaitan Singh (PW-12) Station House Officer, Police Station-Raniwada, District-Pali alleging inter alia that about three years prior to the day of incident, his daughter Smt. Laxmi aged about 22 years was married to Arvind Kumar (A-1) son of Sanwal Chand (A-2), resident of Village Silason. He averred that as per the custom of the area, he had given 20 tolas of gold and other valuable articles to his daughter at the time of her marriage. He alleged that after the marriage, his daughter had lived a happy and peaceful life in her parents-in-law's house for about one year, but soon thereafter whenever his daughter used to come to his house or whenever he paid visits to the house of her parents-in-law, his daughter had made repeated complaints to him in regard to ill-treatment and harassment meted out to her at the hands of the accused for not bringing sufficient dowry. He alleged that about two years after her marriage Smt. Laxmi became pregnant and as per the custom of the area, she came to her parents' house for delivery of the first child and at that point of time his son-in-law (A-1) and his son-in-law's elder brother (A-3) had demanded loan amount of Rs.50,000/- from him for starting some business, which amount he had paid to them. Smt. Laxmi was blessed with a male child. After the delivery of a child, Smt. Laxmi stayed in his house for a period of about 3-4 months and thereafter she along with her male child, went back to her parents-in-law's house.