JUGAL KISHORE & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction as recorded by the learned trial Judge in Sessions Case No. 35/82 on punishing the accused-appellants as under, the appellants have preferred this appeal:-

(2.) With the assistance of the learned counsel for the appellants and the learned Public Prosecutor I have scrutinised the record and reappreciated the evidence on record. During the pendency of this appeal, appellant No. 2 Smt. Kani Bai w/o Shiv Lal, mother of accused-appellant No. 1 Jugal Kishore died and, therefore, appeal by her abates. No orders in that regard are, therefore necessary. The appeal, therefore, survives only in regard to Jugal Kishore and it is taken up for adjudication accordingly.

(3.) The prosecution story as revealed on reappreciation of the evidence is that Sonu was married to accused Jugal Kishore and was harassed by her husband and other in-laws, as a result and consequence of which harassment, Sonu committed suicide on 26.8.1982. During the investigation of this suicide, the police suspected that the suicide was committed due to instigation and harassment of the in-laws and therefore, proceeded to prosecute the accused-appellant Jugal kishore and his mother Kani Bai for offence under section 306 I.PC. After investigation, challan was put up and several witness were examined by the prosecution to prove the case of Abatement of suicide by the accused persons. The learned Judge as aforesaid came to the conclusion of guilt and recorded conviction as aforesaid. In appeal several contentions were raised by the learned counsel for the appellant as are mentioned in the memo of appeal and also were verbally canvassed before me. The evidence on the basis of which Conviction has been recorded by the learned judge is in the shape of evidence of RW. 2 Bherumal, PW. 7 Ram Singh, P.W. 8 Om Prakash, PW. 11 Munni Devi and RW. 12 Ratni Bai, all of whom are close relations of the deceased Sonu. The evidence of RW. 7 Ram Singh, brother of the deceased; RW. 8 Om Prakash, brother of the deceased, PW. 11 Munni Devi, sister of the deceased and P.W. 12 Ratni Bai, mother of the deceased, is natural and consistent. All of them have deposed that on 12 8.1982, the accused had come to Ajmer to take back Sonu to the marital home and when he was taking her away, he demanded from his in-laws a radio, which demand of radio was earlier conveyed by him through the letter which he had addressed to Sonu when she was in her parental home. The letters have been duly proved by PW. 11 Munni Devi, who is sister of the deceased and who was told of the letters and was shown the letters by the deceased. Apart from the letters, all the relations present on 12.8.1982 had deposed that the accused Jugal Kishore demanded a radio from his in-laws. There is, therefore, clear cut unequivocal and abundant evidence on record to whom that a dowry demand in the shape of a radio was made by the accused on 12.8.1982.