RAJESH & ORS. Vs. STATE

JUDGEMENT

(1.) Aggrieved by the judgment of conviction dated 21.11.2000 convicting the appellants, namely, Rajesh, Ganesh and Shiv Lata finding them guilty under Sections 498-A/304B IPC and order on sentence dated 22.11.2000 vide which the appellants were sentenced to undergo seven years rigorous imprisonment for the offence under Section 304B IPC and also to undergo three years rigorous imprisonment with fine of Rs.25,000/- each for the offence under Section 498A IPC, in default of payment of fine they are ordered to further undergo simple imprisonment for six months, the present appeal has been preferred..

(2.) The factual matrix emerges from the record is that on 20.03.1997 at about 10.55 a.m., an information regarding the burning of a woman from a gas cylinder burst was received in the police station and the same was assigned to ASI Suresh Ram who went to the spot. At the spot, it was revealed that the injured was taken to hospital by PCR Van. On an inspection of the spot, the room was found to be washed. A small gas cylinder with burner was seized from the spot. In the hospital, MLC of the injured was collected on which the doctor declared the injured unfit for statement. On the same day at about 12.05 a.m., the injured was declared dead. SDM of the area was informed who conducted inquest proceedings and recorded the statements of the relatives of the deceased.

(3.) In his statement, the complainant, namely, Roshan Singh, father of the deceased stated that his daughter Sarita was married to Rajesh Chowhan on 12.12.1996 and in the marriage he had given dowry as per his capacity. After few days of marriage, appellant Rajesh came to his house and demanded a scooter. The complainant showed his inability to meet the said demand. On this, appellant Ganesh (brother-in-law) got annoyed and stated that he would not visit there again. Thereafter, Sarita was refused to be sent to her parental house. When Sarita and her husband visited the house of the complainant, Sarita told the complainant that her mother-in-law Shiv Lata had demanded a sum of Rs.40,000/-. On 20.03.1997, the complainant was informed that his daughter had been burnt and was admitted in a hospital.