NAVAL SINGH Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 3.4.2006 passed by learned Addl. Sessions Judge(Fast Track) No.1, Udaipur whereby non-petitioners no.2 to 4 have been acquitted for the offences under Sections 498-A, 304-B and 201 IPC.

(2.) THE short facts of the case are that the petitioner- complainant Naval Singh lodged a written report at Police Station Mavli alleging therein that his daughter Bisna was married to Narayan Singh two years ago. She was subjected to cruelty for demand of money. She came to Vagroda on 22.5.2005 along with her husband. They demanded a sum of Rs.10,000.00 and a gold chain, which were given to them and a cow was also given to them on 23.5.2005 and on the same day, he received an information that his daughter was seriously ill and admitted at Udaipur. He went to Udaipur. His daughter has been succumbed of the burns.

(3.) THE contention of the present petitioner is that the learned trial court has failed to exercise the jurisdiction properly and ignored the presumption under Section 113B of the Indian Evidence Act. It is not in dispute that unnatural death has occurred within two years of marriage and a presumption has to be drawn against the non-petitioners. There is ample evidence that the deceased was subjected to cruelty and harassment for demand of dowry and hence the present petitioner should be convicted for the above offences.