GAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-appellants Gajendra Singh and Smt.Hungam Kanwar against the judgment dated 19/04/2005 passed by learned Additional District and Sessions Judge (Fast Track) No.1, Ajmer in Sessions Case No.127/2003 whereby, they were convicted and sentenced, as under:-

(2.) Brief facts giving rise to this appeal are that a written report (Exb.P/18) was submitted by Smt.Prem Kanwar (PW9) to S.H.O. Police Station Christian Ganj, Ajmer at 4.00 p.m. on 17/06/2003 alleging that her daughter Gayatri was married to Gajendra Singh R/o Jawahar Nagar, Lohagal Road, Ajmer on 26/5/2002 as per hindu customs and rites. She had given dowry items in the marriage as per her capacity. The behaviour of her in-laws for some time remained cordial but thereafter they started subjecting her to cruelty on demand of dowry. At the time of engagement on 20/5/2002, the complainant had to pay Rs.51,000/- to the accused under pressure from the mother-in-law of the deceased, Smt.Hungam Kanwar and husband Gajendra Singh, Sampat Singh, Bhagwan Singh, Narayan Singh, elder brothers of Gajendra Singh and other family members. They started taunting her daughter for not bringing the sufficient dowry. When Kiran, younger sister of Gayatri and brother Ram Niwas went to meet her at her in-laws place, her mother-in-law Hungam Kanwar and husband Gajendra Singh both complained them about poor quality of furniture and jewelery given in dowry and stated that they had better offers and that they regretted having married their son with Gayatri. All the aforesaid accused used to subject the deceased to mental and physical cruelty inasmuch as, they used to force her to do the domestic work right from 4.00 a.m. in the morning till 11.00 p.m. like a domestic servant. They did not give her food on time, as a result of which, she became physically weak. They did not permit her to use the electric items like, television, tape recorder, telephone, cooler etc. on the pretext that it would raise the electricity bill. On 3/1/2003 at 10.00 p.m., Gayatri suddenly came to her maternal-grandfather (nana) weeping and complained that her husband Gajendra Singh, his elder brothers Sampat Singh, Bhagwan Singh and Narayan Singh and mother-in-law Smt.Hungam Kanwar had beaten her on demand of dowry. Thereupon, the informant along with her father Bhagirath Singh and brother Raghunath Singh along with Gayatri, went to their house at Data Nagar and gave a sum of Rs.35,000/- to Sampat Singh so that matrimonial house of Gayatri may not be disturbed. After sometime, all the accused again subjected the deceased to beating on 9/4/2003 and then her husband Gajendra Singh left Gayatri in the house of the complainant. Father of the informant, Bhagirath Singh and her daughter Kiran tried to persuade Gayatri to go back to his in-laws. She stated that they were demanding Rs.3 lacs so that her husband Gajendra Singh could start some business. On 13/6/2003, Gayatri Kanwar returned back to the house of the informant. She complained that her mother-in-law Smt.Hungam Kanwar and elder brother of her husband gave her beating on demand of Rs.3 lacs stating that either this demand should be fulfilled or else, they would kill her. Gayatri informed about this to her younger sister Kiran and her husband Prakash Singh on telephone. Informant and other relatives persuaded Gayatri to go back to in-laws and sent her to her matrimonial house with father of the informant, her daughter Kiran and nephew Jogendra Singh and assured the accused that they would try to satisfy the demand of Rs.3 lacs so soon they could arrange the money. Gayatri insisted that she should be taken back to her parents house, otherwise, she would be murdered. After one hour, Gayatri called informant on telephone requesting her that they should come to her in-laws house and try to persuade them not to harass her. Informant assured her that she would come in the evening. However, at about 3.00 p.m. on that very day, Bhagwan Singh - elder brother-in-law of Gayatri informed on telephone that Gayatri was unwell and informant should come back. Informant along with her 'bhabhi' Smt.Suman Kanwar went by auto-rickshaw to her in-laws place. There, they met with Bhagwan Singh, who directed them to the room of Gayatri. They were shocked to see Gayatri hanging with her neck tied by a nylon belt from the hook of the roof. The informant somehow cut the nylon belt and rushed her to J.L.N. Hospital, Ajmer, where she was declared brought dead. She was cremated on the same day but the report was being submitted on 17/6/2003 after third day ceremony performed on 16/6/2003.

(3.) On the basis of the above written report (Exb.P/18), police registered FIR No.76/2003 (Exb.P/16) on 17/06/2003 for offence u/Ss.304B and 498A IPC and started investigation. After investigation, police filed challan against them for offence u/Ss.304B, 498A and 406 IPC. On committal of the case, the trial court framed the charge against the accused-appellants for offence u/Ss.304B and 498A IPC, which they denied and claimed to be tried. The prosecution produced ten prosecution witnesses and exhibited thirty five documents to prove its case, whereas the defence produced three defence witnesses and exhibited five documents in rebuttal. After conclusion of trial, trial court convicted and sentenced the accused-appellants in the manner indicated above. Hence, this appeal.