HIMMAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the convict Himmat Singh S/o Madan Singh, By caste - Charan, Resident of - Village Devalia, District - Banswara against the Judgment dated 27.5.1991 delivered by the Sessions Judge, Banswara whereby the appellant was found guilty under Sec. 304 - B of the I.PC. He has been awarded a sentence of rigorous imprisonment for 7 years' with a fine of Rs. 100.00 and for non - payment of fine, further rigorous imprisonment for a period of 1 month.

(2.) The appellant Himmat Singh was married, on 20.4.1984, to Smt. Chetan Kanwar D/o Shri Mansingh Charan (PW-10) of Village Bharori. Smt. Chetan Kanwar breathed her last during the night intervening 16th and 17th Aug., 1987 at the house of the appellant in Village Devalia. Upon, some information PW-14 Prithvi Singh, ASI of Police Station Banswara Sadar, alongwith Constable Lal Chand, proceeded to Village Devalia where the dead body of Chetan Kanwar was placed in the house of the appellant. Prithvi Singh prepared the memo (Ex.P/15), on the basis of which, a case under Sec. 174 of the Cr.PC. was registered at Police Station Banswara Sadar. post-mortem of the dead body was conducted on 17.8.87 by a three member Medical Board consisting of Dr. Lal Chand (PW/9), Dr. S.K. Jain and Dr. Uma Gupta and the post-mortem Report (Ex.P/9) was prepared, according to which, the cause of death was asphysxia.

(3.) Two days later, on 19.8.1987 at 10.30 A.M. PW/5 Guman Singh (brother of the deceased Chetan Kanwar) lodged a written FIR Ex.P/5A at Police Station Banswara. According to the FIR Ex.P/5A, the appellant Himmat Singh and his father Madan Singh both were harassing Chetan Kanwar in respect of their demand for dowry and she was occasionally beaten by both of them. Further it was alleged that after the first delivery at her father's house, she was sent back to her in - laws house and about 3 - 4 months thereafter when her father Madan Singh (PW-10) went to see her, she narrated the story of atrocities in detail and expressed the apprehension that her husband and father-in-law may murder her any day. In such a situation, she was brought to her maternal house by her father where she remained for the next 9-10 months. After 9-10 months, she was taken to her in - laws house by her brother Lalit Singh (PW-18) and cousin Fateh Singh (PW-12). Initially the entry was refused but later, the in - laws agreed to keep her. According to the report, a common relation, Prahalad Singh (PW-7) informed the complainant side that the appellant Himmat Singh needs Rs. 10,000 - 20,000 and if the money was not paid the complainant side shall suffer serious consequences. According to the report, a demand in respect of a gold chain and a sewing machine was also made by the appellant through a letter. The report further stated that in the month of June, 1997, in the first week, the complainant Guman Singh had visited the house of the appellant but the appellant refused to talk to him and Chetan Kanwar made a complainant to the effect that she was regularly being belaboured by the appellant in order to extort more dowry. It was highlighted in the FIR Ex P/5A that Chetan Kanwar was quite hale and hearty and was seen moving about in the fields on the previous evening and was not suffering from any ailment. It was further alleged that the appellant and other members of his family were actually preparing to perform her last rites without any post-mortem of the dead body but the villagers refused to co-operate and consequently the police appeared after some body gave an information to the police. At the end, it was mentioned that Chetan Kanwar was murdered by the appellant Himmat Singh in connection with the demand of dowry. A case under Sec. 498 - A & 304 - B of the I.P.C. was registered and the investigation started. The statements of the complainant Guman Singh and other witnesses were recorded under Sec. 161 of the Crimial P.C. On the basis of the evidence collected a challan under Sec. 498-A and 304-B of the I.P.C. was filed against the appellant Himmat Singh, his father Madan Singh and mother Smt. Phool Kanwar in the Court of the Chief Judicial Magistrate, Banswara from where the case was committed to the Court of the said trial Court. The three accused persons were charged for the offence under Sec. 304 - B of the I.P.C. and all the three pleaded not guilty.