MOHAN LAL Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal is directed against judgment dated 18th of February, 2003 and order dated 20th of February, 2003 passed by the 1st. Additional Sessions Judge, jammu in a case title State v. Mohan Lal and others, in File No. 20 Sessions, instituted on 20-5-1998, whereby and whereunder appellant Nos. 1 and 2 came to be convicted for the commission of offences punishable under sections 302/34, RFC and 498-A, rfc and appellant No. 3 came to be acquitted for the charge framed against her under Sections 302/34, RFC and convicted under Section 498-A, RFC.

(2.) WRITTEN report-EXPWRK came to be lodged by P. W. I Romesh Kumar-brother of the deceased, in Police Station Kana Chak with the allegations that his sister namely santosh Kumari deceased was married to mohan Lal accused/appellant No. 1. Her mother-in-law, Shani Devi, brother-in-law, guru Ram and Mohan Lal, husband-accused/ appellants were making demands of dowry, treating her with cruelty and were of tenly threatening her to leave the matrimonial house. Accused-Mohan Lal is a BSF employee and whenever he used to visit the home, he was beating the deceased. The deceased was narrating all the facts to her mother, brother and other members of the family, but after persuasion they were sending her back. Mohan Lai-accused in the month of February, 1998 had come on leave. He beat her, she went to her parental house and told to them. But they persuaded her and she went back. On 11th of March, 1998, romesh Kumar, the brother along with his uncle Guchhu Ram went to the house of mohan Lal at Dab Karam Din and persuaded the parents of the accused Mohan Lal. On 12th March, 1998 one person namely Gudu came from Dab Karam Din and informed them that deceased passed away. After they reached Dab Karam Din, deceased was taken for giving a last bath. Her mother found injuries on her body, arms, back and legs etc. During the night of 11th/12th of march, 1998 accused had tortured the deceased and beat her. This information report set the police in motion and police swung into action. After completing the investigation, charge-sheet came to be filed against as the three accused for the commission of offences punishable under Section 302/34 rfc and 498-A RFC. Accused-appellants pleaded not guilty and claimed to be tried.

(3.) PROSECUTION has examined P. W. 1. P. W. 2, p. W. 3, P. W. 4, P. W. 5, P. W. 7, P. W. 8, P. W. 9, p. W. 10, P. W. 11, P. W. 12, P. W. 13, P. W. 15 and P. W. 16, Prosecution has failed to examined P. Ws. 6, 17 and 18.