KHINYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred the instant appeal under Sec. 374 (2) of the CrPC being aggrieved of the judgment dtd. 17/12/1993 passed by the learned Additional Sessions Judge No.1, Jodhpur in Sessions Case No.4/1993, whereby the have been convicted for the offence under Sec. 498-A of the IPC and while the appellant No.3 Smt. Madi has been released on probation of 2 years under Sec. 4 of the Probation of Offenders Act upon furnishing a personal bond and a surety of Rs.3000.00 each, the appellant No.1 Khinya Ram and appellant No.2 Teja Ram have been sentenced to undergo rigorous imprisonment of 3 years alongwith a fine of Rs.3,000.00 and in default of payment of fine, further to undergo rigorous imprisonment of 3 months.

(2.) Succinctly stated, facts of the case are that on 14/2/1992 complainant Ana Ram submitted a written report (Ex.P/14) at the Police Station Bilara to the effect that marriage of his younger brother Chimna Ram's daughter Tulchhai was solemnized with Khinya Ram S/o Sawai Ram, resident of Bhagasani around 4 years ago. As the parents of the girl were financially weak, no dowry or ornaments etc. were given in the marriage, due to which, her matrimonial relatives, namely, mother-in-law Madki, brothers-inlaw Taja Ram, Goda Ram and husband Khinya Ram used to beat and harass her for dowry. They threw Tulchhai out of matrimonial home, upon which, she had to live at her parents' house for about 10 months, during which period her father Chimna Ram expired and when her in-laws came in condolence meeting, she was sent with them to matrimonial home. Thereafter too, when she came to Bhawi, she complained regarding harassment for demand of dowry. On the day of lodging the complaint, they came to know that Tulchhai had been killed and her body has been dumped in well. The complainant, Mangla Ram, Lala Ram, Poona Ram, Anna Ram, Mangi Lal and Parta Ram went to Bhagasani and the body of Tulchhai was brought out of well. Number of injuries were visible on her body. The complainant suspected that Madi, Khinya Ram, Teja Ram and Gordhan Ram might had beaten and killed the victim and dumped her body in well.

(3.) On the basis of the aforesaid complaint, FIR No.32/1992 for the offences under Ss. 302 and 498-A of the IPC was registered and investigation was commenced. After usual investigation, a charge-sheet was filed against the present appellants.