LAWS(RAJ)-2011-9-60

JETHA RAM Vs. STATE OF RAJASTHAN

Decided On September 29, 2011
JETHA RAM Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THESE two appeals have been preferred against the judgment passed by learned Sessions Judge, Jaisalmer in Sessions Case No.38/2008 whereby the learned Sessions Judge has acquitted the appellant Jetha Ram for the offences under Sections 304B and 498A, IPC but at the same time, the appellant Jetha Ram has been convicted for the offence under Section 306, IPC and he has been awarded seven years' rigorous imprisonment and a fine of Rs.5000/- and in default, he has to further undergo two years' simple imprisonment.

(2.) THE present petitioner has preferred appeal against the order of conviction and sentence for the offence under Section 306, IPC, whereas the State has preferred appeal against acquittal of Jetha Ram and others for the offence under Sections 304B and 498A, IPC.

(3.) THE contention of the learned Public Prosecutor is that there is ample evidence on record to prove that the present appellant has given cruel treatment to Geeta. Oma Ram and others witnesses have categorically stated that present appellant and others were in habit of ill-treating Geeta in connection of demand of dowry and specific incidents have been narrated by Oma Ram and PW-4 Parma Ram and other witnesses have also specifically corroborated the prosecution version and hence the present appellant and others should be convicted, for the offence under Sections 498A and 3046, IPC.