GANPAT LAL AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by Ganpat Lal and his mother Indra Devi against a judgment dated 18.7.2001, delivered by the learned Additional Sessions Judge (Fast Track), Jodhpur, whereby both were found guilty under Sections 304- B and 498- A of the Indian Penal Code For the offence under Section 498- A, each one has been awarded a sentence of rigorous imprisonment for a period of two years and a fine of Rs. 1,000/- . For non- payment of fine, additional rigorous imprisonment for 3 months has been provided. For the offence under Section 304- B, both have been awarded 8 years rigorous imprisonment. Principal sentences have been ordered to run concurrently.

(2.) The accused-appellants belong to village Daikara under Police Station, Dangiawas and Ganpat Lal was married on 8.12.97 in the township of Pali with Durga Devi (deceased).

(3.) Some time during the night intervening 3rd/4th November, 1991, Durga Devi committed suicide by jumping into the water tank situate in the filed of PW 6 Dhokal Ram. In the morning' of 4.11.99, at about 8 a.m., the body of the deceased was found floating in the water tank. The said Dhokal Ram proceeded to Police Station, Dangiawas and lodged the report (Ex.P/5). According to the report, he called the neighbouring persons after the discovery of the dead body and the accused Ganpat Lal identified the dead body as that of his wife. It is not in dispute that the appellants were living on the neighbouring field in the vicinity. The police registered the case under Section 174 of the Cr.RC. PW 8 Hemant Kumar, the S.D.O., Jodhpur proceeded to investigate the matter and prepared the Panchnama of the dead body and other documents on the spot and recorded the statements of the witnesses.