HANUMAN PRASAD AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the three appellants Hanuman Prasad, Budh Ram and Smt. Sheokauri against the judgment of the learned Special Additional Sessions Judge (Women Atrocities), Ganganagar dated 10.1.2001, passed in Sessions Case No. 18/98 convicting all the three appellants under Sections 498-A and 304-B Penal Code and sentencing each of them to rigorous imprisonment for a period of seven years, for the offence under Sec. 304-B Penal Code with a fine of Rs.2000.00, and with rigorous imprisonment for a period of one year for the offence under Sec. 498-A Penal Code and a fine of Rs.1,000.00. In default of payment of fine they were ordered to undergo two months S.l. on the first count and one month's SI on the second count.

(2.) The facts of the case are, that on 1.11.1997, at about 4.15 P.M., a report was lodged by the appellant Budh Ram at Police Station Raisinghnagar, alleging interalia, that his son Hanuman Prasad was married six months ago with Kamla D/o Hemraj Suthar r/o Sardarpura PS. Lalgarh, and that in the last evening at abut 12.30 (mid night), she had gone to attend the music programme in the marriage of informant's younger brother's daughter, wherefrom she returned at about 1 in the night and had slept. It was then alleged, that at about 5 A.M., when his other daughter in law woke up, and went to attend the cattle, and his wife (appellant Sheokauri) woke up and called Hanuman Prasad, on opening the door it was found that wife of Hanuman was not available on the cot. Then a search was made for her unsuccessfully, in the vicinity, and in the village, and in that process, when they reached near the Diggi, they found that a green colour Chunni, and sleepers, are floating on the water. Thus, it was apprehended that Kamla has committed suicide by jumping in the Diggi. On this report a "Marg" case was registered, and enquiry under Sec. 176 Cr.RC. was commended on 2.11.1997. It is in that process, that the dead body was taken out after de-watering the Diggi, Fard Surat Haal Lash etc. were prepared, autopsy on the dead body was got conducted. Then at about 2.45 PM., on 2.11.1997, PW1 Hemraj lodged a report, alleging interalia, that his daughter Kamla was got married with appellant Hanuman on 20.5.1997, who lived at her in-laws house for 15 days, and second there she remained at her in-laws house for 20 days, and she had third time gone to the in-laws' house about 15 days back. It was then alleged, that when she came first time to the parental house, she gave out that the three appellants demand Fridge, whereupon Fridge was sent with her. Thereafter they raised demand of Motor Cycle from the victim. It was also alleged, that about a month ago the informant went to the village of the appellants, that time also, the demand of Motor Cycle was made. Thus it was alleged that the appellants have harassed the deceased, and have either killed her or have forcibly pushed her in the Diggi, and caused her death. It was also disclosed, that his daughter told, that they will kill her, However, the informant advanced good counselling, and assured, that there is a marriage in the family of in- laws, on which occasion they would come, and see that good sense prevails upon them, but then, before he could reach, she has already been killed.

(3.) On this report, the case was registered for the offence under Sec. 304-B and 498-A IPC. Both the reports were then investigated together, and after completing investigation, challan was filed in the Court of ACJM Raisinghnagar, who in turn committed case to the Court of Addl. Sessions Judge, Raisinghnagar, wherefrom it was transferred to the learned trial court.