SMT. LAXMI KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the decision dated 22.4.1991 passed by the learned Sessions Judge, Dungarpur in sessions case No. 17/88.

(2.) In this case, accused appellants were tried for the offences under Secs. 304-B and 306 IPC. They were acquitted by the Trial Court under Sec. 304-B Penal Code but they were convicted under Sec. 306 IPC.

(3.) Learned counsel for the appellants stressed that it was in accidental death. The demand of money alone, as alleged by the prosecution, is not sufficient to bring home the offence under Sec. 306 IPC. He has placed reliance on two Supreme Court Judgments in the case of Chanchal Kumar & Ors. Vs. Union of Territory, Chandigarh (1999 Cr.L.R. (SC) 152 ) and Mahendra Singh & Anr. Vs. State of M.P, (1995 Supp (3) SCC 731 ) wherein the Honourable Supreme Court has held that mere demand of money cannot made out a case for conviction under Sec. 306 IPC.