JAI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Jai Ram, his father, mother and brother viz; Neeku Ram, Smt Surji and Menpal respectively faced trial before the learned Addl. Sessions Judge Raisinghnagar for the offences u/ss. 304-B and 498-A, IPC. The learned trial Judge vide his judgment dated 1-7-1992 acquitted Neeku Ram, Smt. Surji and Menpal but found appellant Jai Ram guilty for the offences u/ss. 304-B and 498-A, IPC and sentenced him to seven years' rigorous imprisonment on the first count and to two years' rigorous imprisonment and a fine of Rs. 200.00 and in default to further undergo one month's R. I. on the second count and also directed that both the substantive sentences shall run concurrently.

(2.) The facts of this case are short and simple and can be recapitulated within a narrow compass. Smt. Badu was married to appellant Jai Ram about two and a half years prior to her death, which took place on 17-9- 1991 in the house of her husband situated in Chak 3 S. J. M. It is alleged that co-accused Neeku Ram was not satisfied with the dowry given by Sultana Ram, the father of the deceased, in the marriage and on the day of marriage, he had shown his resentment and dissatisfaction. It is alleged that the appellant and co-accused Neeku Ram, Smt. Surji and Menpal used to maltreat the deceased by passing taunts towards her that she had not brought sufficient dowry. It is also alleged that Jai Ram made a demand for motor cycle/scooter, which was not fulfilled.

(3.) It is the case of the prosecution that on 17-9-1991 at about 4 P.M., Hari Ram Sansi r/o Chak 3 S. J. M. came to PW 1 Sultana Ram and informed that Smt. Badu had an adverse effect of spray and that she had been taken to Hospital 365-Head. Thereupon, Sultana Ram came to the bus stand, where four persons, who were residents of Chak 3 S. J. M. and had come on a tractor, informed him that they had come to fetch him. Thereupon, Sultana Ram accompanied them and went to the 'Dhani' of co-accused Neeku Ram situated in 3 S. J. M., where he found that his daughter Smt. Badu was lying dead in the courtyard. After seeing the dead body of his daughter, sultana Ram was perturbed and he left that place saying that he would bring his relatives. Thereafter, Sultana Ram lodged an oral report Ex. P. 1 to the S. H. O., P. S., Rawla on 18-9-1991 at about 8-30 A. M., wherein he also informed that co-accused Neeku Ram had an evil eye on his daughter Smt. Badu and had tried to catch hold of her hand in the past. He further informed that the appellant, his parents, his brother Menpal and Menpal's wife have either maltreated Smt. Badu for dowry or she being disgusted from the dowry demands, might have consumed spray and embraced death. Thereupon, formal FIR Ex. P. 1 was drawn and a case u/Sec. 304-B was registered, against the appellant and four other accused persons. On 18-9-1991 PW 5 Sanjay Purohit, S. D. M., Raisinghnagar and PW 6 Devendra Singh. Addl. S. P. along with the doctor reached the place of occurrence. The Addl. S. P. after inspecting the site, prepared site plan and memo thereof Ex P 7 as also the memo of dead body Ex. P.2 and Panchayat Nama Ex. P. 3.