CHHANGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30-8-93, passed by the Additional Sessions Judge No. l, Hanumangarh, by which the learned Additional Sessions Judge convicted the accused-appellant for the offences under sections 304-B and 406 I. P. C and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of fine further to undergo six months rigorous imprisonment for the offence under section 304-B, I. P. C. and six months rigorous imprisonment and a fine of Rs. 50 ()/- and in default of payment of fine further to undergo three months rigorous imprisonment for the offence under section 406 I. P. C.

(2.) THE case of the prosecution is that Narain Ram's daughter Maina Devi was married to accused Chhanga Ram eight months before the date of the incident. After her marriage, she went to her in- Law's house and started living with the accused-appellant in village Baniyawali Dhani. Twice she came to her parents' house and again went to her in Law's house. Whenever she came to her parents' house, she complained her father that Chhanga Ram demanded she-buffalo and some cash and used to say that he should be given gold ear-rings in place of the silver pair. On 24-2-89, she died due to burn injuries. According to the prosecution, she was murdered by the accused-appellant. THE accused was tried by the learned Additional Sessions Judge No. l, Hanumangarh for the offences under Sections 302, 304-B and 406 I. P. C. THE prosecution, in support of its case, examined eight witnesses. THE accused, in his defence, examined three witnesses. PW 1 Vasu Deo Bhatt was the Deputy Superintendent of Police, Police Circle, Sangaria, who investigated the matter under Section 174 Cr. P. C. when a report of the death of deceased was received. He inspected the site alongwith Mr. Khem Raj, Sub- Divisional Magistrate, prepared the site-plan and recorded the statements of the witneses. PW 2 Dr. K. N. Markandey was the Medical Jurist in Government Hospital, Sri Ganganagar,' who was, also, one of the Members of the Medical Board appointed by the Chief Medical and Health Officer to examine the deadbody of Maina Devi and he prepared the report EX. P. l, which is signed by him. According to the post-mortem report, the cause of death of Maina Devi was asphyxia due to burns. PW 3 Jagdish Kumar is the Photographer, who took the photographs of the deadbody of Maina Devi. PW 4 Het Ram is the cousin of deceased Maina Devi. PW 5 Kheraj is the real brother of deceased Maina Devi. PW 6 Ramphal Sharma was the Station House Officer, Police Station, Lalgarh, before whom accused Chhanga Ram lodged the F. I. R. EX. P. 8. On this report, an information was given to the Sub-Divisional Magistrate and the matter was enquired into and investigated under Section 174 Cr. P. C. He is, also, the person, who, later on, investigated the matter and submitted the challan against the accused-appellant. PW 7 Narain is the father of deceased Maina Devi. PW 8 Bhanwar Lal is the maternal - uncle of the deceased. This is whole evidence produced by the prosecution.

(3.) FURTHER, no witness of the area or the village has been produced to show that Maina Devi was subjected to cruelty by the accused-appellant. Only the vague allegations have been made by the prosecution against the accused regarding the demand of dowry or that the lady was subjected to cruelty. No charge under Section 498-A, I. P. C. has been framed against the appellant and even if there was some, then too the accused could not have been convicted for this offences because the ingredients of the offence under Section 498 -A, I. P. C. are not proved by the evidence produced by the prosecution.