JOGENDRA SINGH ALIAS JOGENDRA KUMAR Vs. STATE

JUDGEMENT

(1.) BOTH the petitions arise out of the same case, hence both are decided vide common order

(2.) THE relevant facts in brief are that the complainant respondent No. 2 Phool Singh, father of deceased Smt. Renuka, submitted a written report at Police Station, Mansarovar, Jaipur on 17. 6. 99, with the averments that his daughter Renuka was married to Yogesh on 10. 2. 1998. He spent about a sum of 5. 50 lacs including cash amount of Rs. 2. 11 lacs for Maruti Car. After some time of the marriage, Yogesh and his parents started mental and physical harassment to his daughter for further demands of dowry. On making inquiry from Jogendra Singh, father-in-law of Renuka, he raised a demand of Rs. 2 lacs and assured that on making the payment of this amount, she would not be harassed by any one. A sum of Rs. one lac, thereafter was given to Jogendra Singh and he agreed to pay one lac after some time but all the three accused persons continued to harass and torture his daughter. It is also averred that a sum of Rs. 10,000/- was also given to Yogesh at Jaipur on 6. 6. 99 but his daughter was beaten on 15. 6. 99 and she died at about 2. 30 p. m. on 16. 6. 99.

(3.) FIRST, Cr. Revision Petition is taken up. Before adverting to the rival submission, it would be appropriate to reproduce the relevant provisions of law. " 498-A IPC, Husband or relative of husband of a woman subjecting her to cruelty-whoever, being the husband or the relative of the husband of woman, subjects such woman to cruelty, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation - For the purposes of this section, "cruelty" means (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 304b IPC Dowry death (1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Explanation-For the purposes of this sub-section "dowry" shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961 ). (1) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.) 113b Indian Evidence Act: Presumption as to dowry death. When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death. Explanation - For the purposes of this Section, "dowry death" shall have the same meaning as in Section 304b of the Indian Penal Code (45 of 1860)]".