KRISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment of the learned Additional Sessions Judge No.2, Hanumangarh dated 18/4/1984 whereby the learned AddI. Sessions Judge has acquitted the accused-persons Bhadar Ram and Smt. Gomati of the offence under section 302 read with section 120-B; I.P.C. and has held the accused-appellant Krishan Lad guilty of the offence under section 302, I.P.C. The accused-appellant Krishan Lal has been sentenced to life imprisonment together with a fine of Rs.2,000.00 and in default, to further undergo rigorous imprisonment for one year for the offence under section 302, I.P.C.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are: that accused Krishan Lal is the son of acquitted-accused Bhadarram and Smt. Gomati, who are husband and wife. Accused Krishanlal was married to Smt. Krishna, the daughter of P.W. 1 Kashiram Jat, resident of Khelieriya Tehsil Suratgarh before about three and half years from the date of the occurrence. It is alleged that soon after the marriage, Bhadarram and Krishanlal told P.W.1 Kashiram that the dowry given by them is meagre and, therefore, he must give more dowry to them. P.W.1 Kashi Ram refused to given more dowry and, therefore, they started showing their dis-pleasure to Mst. Krishna one way or the other. They nurtured a grouse against Mst. Krishan for bringing less dowry. So much so, they started beating her and she complained about it to her parents. Before about one and half years or two years from the date of the occurrence a message was sent by Bhadarram and Krishanlal to P.W.1 that either they should give more dowry to them or they will leave Mst. Krishna. On this, it is alleged that a Panchayat took place at the residence of P. W. 2 Hukmaram and it was ruled that Kashiram should pay Rs.7,500.00 to Bhadarram and Bhadarram gave an undertaking that thereafter, they will not harass Smt. Krishna. That amount was paid to Bhadarram then and there but still Mst. Krishan was not brought to her matrimonial home. However, after about one year, she was brought to her matrimonial home, by Bhadarram with all her ornaments. After this when P.W. 1 Kashiram went to meet his daughter Mst. Krishan, he was further told to pay Rs.5,500.00 by Bhadarram but Kashiram refused to pay that amount, and therefore, they again started harassing her. Even accused-appellant Krishanlal wrote two threatening letters to his father-in-law P.W. 1 Kashiram from Bikaner.

(3.) Before one day of the occurrence, P.W. 3 Chandradutt informed P.W. 2 Hukmaram, the maternal uncle of Mst. Krishna that accused Krishanlal has beaten Mst Krishna and he has told her that if more dowry is not given to them, he will kill her. When this fact was conveyed to P.W. 2 Hukmaram, he met Mst. Krishna, who reiterated this fact and he tried to pacify accused Krishanlal and came back. However, it is alleged that on the next day i.e. on 27/12/1982, at about 7 a.m. one Milkiyatsingh came to the house of P.W. 2 Hukmaram and informed him that Mst. Krishna has been killed and this fact was conveyed by P.W. 2 Hukmaram to P.W. 1 Kashiram. On this, P.W. 1 Kashiram told his brother-in-law to go to the house of Bhadarram so that the dead body may not be disposed of and the matter may be reported to the Police. The First Information Report Ex. P1 was lodged by P.W. 1 Kashirarh at 11 A.M. on that very day, in which, the entire sequence events, which took place prior to the occurrence were reiterated and it was claimed that he has been informed at 9 A.M. by P.W. 2 Hukmaram that Mst. Krishna has been killed by her husband Krishanlal in connivance with his father and mother Bhadarram and Smt. Gomati respectively by throttling her neck.