VIKAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FIVE accused persons, namely, Vikas, Shripat, Mst. Sohan Bai, Mst. Joti and Smt. Yojana @ Dalda were put to trial before the Additional Sessions Judge, Banswara in Sessions Case No. 130/96 on the charge of the murder and dowry death of Mst. Neeta w/o Vikas. The learned Additional Sessions Judge by the judgment dated 1. 8. 97 convicted the first appellant Vikas for offence u/s. 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 500/-, in default of payment to further undergo three months' imprisonment. All the five accused persons have been acquitted for the offence u/s. 302/120 B IPC. However, the first appellant Vikas, second appellant Shripat and third appellant Mst. Sohan Bai have also been convicted for offence u/s. 304 B IPC. Each of them have been sentenced to 10 years' R. I. They have also been convicted for offence u/s. 498 A IPC and sentenced to one year's R. I. and to pay a fine of Rs. 500/-, in default of payment to further undergo three months' imprisonment. Mst. Jyoti and Mst. Yojana @ Dalda have been acquitted for the offence u/s. 304 B and 498 A IPC. First appellant Vikas has also been convicted for offence u/s. 364 IPC and has been sentenced to two years' R. I. and to pay a fine of Rs. 500/-, in default of payment to further undergo three months' R. I. All the sentences have been ordered to run concurrently.

(2.) THE facts of the case as disclosed during the trial are as follows:- THE first appellant Vikhas was married to deceased Mst. Neeta on 10. 03. 1988. THE second appellant Shripat and third appellant Mst. Sohan Bai are the father-in-law and mother-in-law respectively of the deceased Mst. Neeta. It is alleged that the accused persons were not satisfied with the dowry brought by Smt. Neeta. THErefore, she was being ill-treated and tortured, she gave birth to a female child at her parents house. THE husband and the in-laws kept the female child with them and turn her out from the house. However, Vikas used to visit Mst. Neeta with her bady. THEy also used to go out with the baby. It is alleged that on 28. 06. 1990 at about 7 p. m. when Mst. Neeta was at the residence of P. W. 3 Smt. Kamala Bai, accused Vikas went there and as usual they went out on a motor bike. On the next day morning when P. W. 10 Sanjay went to the house of Vikas for delivery of medicines for Mst. Neeta, he was told that she was not in the house. A search was made, but it did not yield anything, and therefore, a F. I. R. Ex. P/4 was lodged by P. W. 9 Narendra Lal at Police Station, Banswara. THE police registered a case for offences u/s. 498 A, 364, 302, 302/120-B and 304 B/120 IPC. Accused Vikas was arrested on 1st July 1990 vide Ex. P/40. In pursuance of the information given by him, the dead body of Mst. Neeta was recovered from the river Mahi. THE police prepared the inquest and send the dead body for post mortem. After usual investigation, police laid charge-sheet against the five accused persons for the aforesaid offences.

(3.) IN the instant case, the prosecution has established that Mst. Neeta died of unnatural death and the death was within the period of 7 years of marriage. The only question which requires for consideration is ``whether she was subjected to any cruelty or harassment by the appellants soon before her death and whether the same was for or in connection with the demand of dowry''. IN this connection, the prosecution has produced P. W. 2 Ramesh Chandra, P. W. 3 Mst. Kamala Bai, P. W. 7 Bhagwati Lal, P. W. 9 Narendra Lal and P. W. 12 Mst. Hetkanwar.