SHIMBHU DAYAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties. The accused-appellants have preferred this appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 15.2.2005 passed by learned Special Judge (Women Atrocities & Dowry Cases), Jaipur City, Jaipur in Sessions Case No. 103/2003 whereby each of the appellants has been convicted for the offences under Sections 498-A, 201 & 304-B IPC and has been sentenced to one year rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo one month rigorous imprisonment for the offence under Section 498-A IPC, sentenced to one year rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo one month rigorous imprisonment for the offence under Section 201 IPC and sentenced to ten years rigorous imprisonment with a fine of Rs. 1,000/-, in default of payment of fine to further undergo two months rigorous imprisonment for the offence under Section 304-B IPC.

(2.) The brief relevant facts for the disposal of this appeal are that on 5.7.2003 the complainant Babulal Sharma submitted a written report (Ex. P/3) before Superintendent of Police, Jaipur District, Jaipur stating therein that his daughter Mintu @ Mohini was married to appellant Shimbhu Dayal on 22.2.2002 and at the time of marriage sufficient dowry was given, but in-laws of his daughter were not satisfied with the dowry given and since after her marriage they continuously harassed her in connection with demand of dowry and when her daughter, after some days of marriage, came to her parental house she told that her mother-in-law is complaining that the marriage was not performed according to their expectations. In the report, it was also stated that when her daughter was pregnant, her mother-in-law forced her to do heavy household work and when they complained about that, they assured that in future no such complaint would come. It was also stated in the report that the in-laws of her daughter were also not satisfied with the gifts given at the ceremony of 'Kua Pujan' of the newly born child and appellant Shimbhu Dayal demanded Rs. 45,000/- by saying that they were expecting that at the time of marriage Rs. 1,50,000/- would be given in cash but that expectation was not fulfilled. In the report, it was also stated that on 29.6.2003 he received an information about serious condition of his daughter and when he alongwith his some relatives reached at the matrimonial home of his daughter, by seeing her daughter's body, they suspected that she has been poisoned. On the basis of written complaint lodged by the complainant, FIR No. 126/2003 for the above offences was registered at Police Station Jamvaramgarh, Jaipur and after usual investigation charge-sheet was filed against the appellants. The learned trial Court framed necessary charges against the appellants and in support of charge, the prosecution produced oral as well as documentary evidence whereas in examination under Section 313 Cr.P.C. each of the appellants denied prosecution allegation and evidence. The appellants in their defence examined four witnesses. The learned trial Court after evaluating and appreciating the evidence available on record and hearing both the parties, convicted and sentenced the appellants by the impugned judgment and order dated 15.2.2005 in the manner as has been stated hereinabove. Hence, the instant appeal.

(3.) There is no dispute regarding the fact that marriage of deceased Smt. Mintu @ Mohini with appellant Shimbhu Dayal was solemnized on 22.2. 2002 and she died on 29.6.2003 at her matrimonial home within 7 years of marriage. It is also to be noted that postmortem of the body of the deceased was not conducted.