RAJENDRA KUMAR AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26th February, 1999 passed by learned Sessions Judge, Jalore where by accused appellants were convicted for offence under Sections 304-Band 498-A, I.P.C. and sentenced them to undergo 7 years' rigorous imprisonment for offence under Section 304-B, IPC and 3 years' rigorous imprisonment for offence under Section 498-A, IPC along with fine of Rs. 500/- each, in default of payment to further undergo 15 days' rigorous imprisonment. All the substantive sentences were ordered to run concurrently.

(2.) Mst. Babita, aged 22 years, one and half years after the marriage, at her in-laws' house, died due asphyxia caused by drowning. Ex.P-6 FIR dated 11.7.1997 was lodged by PW-6 Desra Ram, father of the girl, against Rajendra Kumar husband, Jethmal father-in-law and Mst. Dariya mother-in-law, who were apprehended on 13.8.1997 and after usual investigation, were challaned and charged for the above offences. Upon their pleading not guilty and claiming trial, prosecution examined 9 witnesses and exhibited as much documents. In their statement given under Section 313, Cr. P.C., accused appellants denied all the incriminating evidence appearing against them and pleaded that they have been falsely roped in and witnesses were speaking lie. Thereafter, learned trial court by the impugned judgment, convicted and incarcinated the accused appellants, as stated above.

(3.) Mr. Kumbhat, learned Counsel appearing for the accused appellants, submitted before me that there was not an iota of evidence with regard to demand of dowry or any harassment or cruelty done to the deceased, immediately before her death yet the trial court has convicted the accused appellants for such serious offence and awarded them examplery sentence. On the contrary, learned P.P. supported the impugned judgment.