MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BRIEF was Kiran's span of life, fleeter than the lightning flash. She was chastised, her liberties were taken undeterred and she was burnt to death in the bathroom of her in-laws house. Her husband, the appellant (herein after described as accused) along with three other co-accused was placed on trial before the learned Additional Sessions Judge, Chhabra District Baran in Sessions Case No. 344/1992 for having committed offence under Section 304b, 302, 201 and 498a IPC. Learned Trial Judge while acquitting the co-accused persons, convicted and sentenced the accused as under:- U/s. 302 IPC: To suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer Rigorous Imprisonment for Six Months. U/s. 498a IPC: To suffer Rigorous Imprisonment for Two Years and fine of Rs. 500/-, in default to further suffer Rigorous Imprisonment for Six Months. U/s. 201 IPC: To suffer Rigorous Imprisonment for Three Years and fine of Rs. 500/-, in default to further suffer Rigorous Imprisonment for Six Months. Substantive sentences were directed to run concurrently.

(2.) PUT briefly the prosecution case is that the informant Ramesh Chand submitted a written report at the Police Station Chhipa Barod with the averments that his daughter Kiran got married with the accused on June 6, 1991. Soon after the marriage the accused and the in-laws of Kiran started beating her on the pretext of demand of dowry. Kiran while on family way was left by the accused to the informant's house where she delivered a child. Kiran refused to go back with the accused, since she had apprehension of her death. On July 4, 1992 when the accused assured not to till treat her, Kiran reluctantly went with the accused. But on September 4, 1992 she was burnt to death. Police Station Chhipa Barod registered a case under Section 304b IPC and investigation commenced. Post Mortem on the dead body was conducted. Site was inspected. Three Kerosene tins, 24 letters and a diary got seized. The accused was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before he learned Additional Sessions Judge Chhabra, District Baran. Charges under Section 302, 201, 498a and 304b IPC were framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 30 witnesses. In the explanation under Sec. 313 Cr. P. C. the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing the final submissions convicted and sentenced the accused as indicated herein above.

(3.) THESE facts are established beyond reasonable doubt that the accused and Kiran got married on June 6, 1991 i. e. 15 months prior to Kiran's death and immediately after marriage the behaviour of accused was cruel with Kiran. During her pregnancy she was sent to her parents house where she delivered female child. On the date of incident the accused and Kiran were the tenants in the house of Kanhaiya Lal. Kiran's dead body was found lying burnt in the bathroom. Although kerosene tins were there in the bathroom no match stick was seen. Match box having small of kerosene oil was found lying on dressing table outside the bathroom. The bathroom was not bolted from inside. The burn injuries were post mortem in nature and from the medical evidence it is proved that Kiran was burnt after her death. From the testimony of Heera Lal (PW. 18) it is established that while he took tea in the house of the accused on September 4, 1992 at 10 AM, there was nobody in the house except the accused, his wife Kiran and four months old daughter. Death of Kiran occurred between 10 and 11 AM on September 4, 1992. From the evidence of Nand Ram Chaudhary, I. O. (PW. 30) and memo of site plan (Ex. P-7) it is established that rented room of the accused was not bolted from inside. From the letters Ex. P-14 to Ex. P-21, it is proved that the accused had illicit relationship with one Geeti Sharma. Pleas of suicide and absence of the accused were found false.