RAMPHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE abovenamed accused appellant has preferred this appeal against the judgment and order dated 18. 2. 1998 passed by the learned Judge, Special Court (Women Atrocities & Dowry Cases), Bhilwara in Sessions Case No. 229/97, by which he acquitted the accused appellant of the charge under Section 498a IPC, but convicted him under section 306 IPC and sentenced to undergo seven years' RI and to pay a fine of Rs. 2,000/-, in default of payment of fine, to further undergo six months' SI.

(2.) THE facts giving rise to this appeal, in short, are as follows:- On 28. 12. 1994 (from 5. 15 PM to 6. 00 PM), PW 5 Mahaveer Prasad Sharma, A. D. M. Bhilwara recorded the statement of Smt. Chandrakala (hereinafter referred to as the deceased) W/o Ramphal (accused appellant), aged 17 years, resident of 3e-19, New Housing Board, Shastri Nagar Bhilwara, in the MG Hospital, Bhilwara, in which she stated as follows:- 1. That deceased was married with Ramphal (accused appellant) before four years back and out of four years, she has remained at her parents' house for three years and she has one child. 2 That her husband used to come to house after taking liquor and thereafter, her husband used to torture and humiliate her and for the last four months, she was in her parents' house and she came on 20. 12. 1994 to her in-law's house and her husband (accused appellant) promised to her father PW 3 Ramavtar that accused appellant would keep her properly and happily. But, thereafter also, her husband (accused appellant) used to come to house after taking liquor and make quarrel, harass and humiliate her and, therefore, she wanted to die and her Jeth also abetted. 3 That her son, after her death, be handed over to her parents and her dead body be also handed over to her parents and age of her son is one year six months. 4 That when she put fire on her body, accused appellant was there, but he did not save her.

(3.) NO evidence in defence was produced. However, some documents were got exhibited by accused appellant in defence.