ANURAG SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) s appeal has been filed by Anurag Sharma son of Shyam l.al Sharma and Smt. Kanta w/o Shri Shyam Lal Sharma, husband and mother-in-law respectively of the deceased Satyabhama being aggrieved by the judgment dated 31.1.2004 passed by the learned Sessions Judge, Alwar convicting the accused appellants under Section 498-A and 304-B Indian Penal Code in sessions case No. 12/2003.

(2.) The brief facts of the case are that the complainant Nawal Kishore lodged a written report at Police Station Mahila Thana, Alwar on 16.1.2002. In the report, it was alleged that his daughter Satyabhama was married to appellant Anurag Sharma, about one and half year back. Ever since then the girl was being pestered by her mother-in-law Smt. Kanta, husband Anurag and father-in-law Shyam Lal. It was further stated in the report that his (laughter had only twice visited Bandikui, after her marriage, in spite of their repeated requests to send her to Bandikui, to her in-laws. It was also alleged that whenever informant's daughter Satyabhama used to make telephone calls at her parental house, from her marital house, her mother-in-law used to stand by her side, on account of which Satyabhama use to be terrified. Whenever Satyabhama's mother-in-law would go out of house to pay visit to the temple, Satyabhama would make telephone calls to her parents and would cry on phone and complain about the ill-remarks made by her parents-in-law and husband that she was ugly & dark complexioned and was also of poor family background. The account would also pass comments to the effect that nothing was given in the marriage, they would abuse her and on number of occasions tried to kill her. It was further alleged that many months prior to the impugned incident, the accused persons had belaboured her and informant's daughter had called-up her parents at Bandikui. After receiving the phone call, the informant and his family members had visited Alwar and spoke to the accused persons. It was further alleged in the report that accused-appellants had apologised for their behaviour. The informant had asked to take his daughter to Bandikui, upon which the accused persons had said that they would send her later. It was also alleged in the report that in marriage, the information had givenL1 lac cash, gold chain, gold and silver rings, house-hold furniture to the accused persons. He had spend aboutL4 lacs in the marriage. It was then stated that in the night he had received a telephone call at Bandikui from her brother-in-law Om Prakash that Satyabhama had died. Informant further alleged in his report that the accused persons were demanding a Motor-Cycle as alsoL2 lacs cash. Upon receiving the news of his daughter's death, informant went to Alwar, at her daughter's inlaw's house, where he found the dead body of Satyabhama, which had ligature marks on her neck, as also other injuries. It was lastly stated in the report that the accused-appellants as also the father-in-law of the deceased had done her to death by strangulating her, for want of dowry.

(3.) On the basis of the above noted report, an FIR was registered at Police Station Mahila Thana, Alwar for offences alleged under Sections 304-B and 498-A Indian Penal Code.