GORDHAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 12-3-91, passed by the Additional Sessions Judge No. 1, Hanumangarh, by which the learned Additional Sessions Judge convicted and sentenced the appellants for the offences under Sections 304-B and 498-A, I.P.C.

(2.) The appellants were tried by the learned Additional Sessions Judge No. 1, Hanumangarh, for the offences under Sections 498-A and 304-B, I.P.C. The case of the prosecution is that on 214-1986, Smt. Sharda D/o PW 5 Banwari Lal, was married to accused-appellant Atma Ram. After her marriage she was subjected to cruelty and harassment for the demand of one Maruti car by the husband and his family members, due to which she drunk insecticide and died on 2-9-87. A day earlier to that, i.e., on 1-9-87, PW 6 Anil Kumar the brother of deceased Sharda had gone to meet her and he was informed by his sister, viz., Smt. Sharda on 1-9-87 that her husband and other members of his family were demanding a Maruti car as dowry and if their demand regarding the Maruti car would not be met-out then they would kill her. Anil Kumar went to village Wasih to inform this fact to his maternal grand-father Uda Ram. Uda Ram the maternal grand-father and Dharamveer the maternal uncle of deceased, along with Anil Kumar, came to village Kisanpura, where they were informed that Smt. Sharda had taken insecticide and died. From there she came to village Sadulshahar, where she was brought by her in-laws members for treatment and they found Smt. Sharda dead. The case of the prosecution, further, is that about fifteen days before, a Panchayat was held, in which Uda Ram, Dharamveer, Banwari Lal along with Chaina Ram, Sahib Ram, Devi Lal and Daulat Ram had gone to village Kishanpura to pacify the accused party and to request them to call for Smt. Sharda. There a demand for a Maruti car was made by the accused persons and they requested for two-three months' time to meet this demand and requested the accused to call Sharda, who, by that time was living with her parents. The accused-party acceded to their request and thereafter before ten-twelve days of the incident, Smt. Sharda was sent to her in-laws' house, where she died on 2-9-87. The prosecution, in support of its case, examined eleven witnesses and the accused, in their defence, examined two witnesses. The learned Additional Sessions Judge No. 1, Hanumangarh, after trial, convicted the accused-appellants for the offences under Sections 498-A and 304-B, I.P.C. and sentenced each of them to undergo simple imprisonment for seven years and a fine of Rs. 200.00 and in default of payment of fine further to undergo one month's simple imprisonment for the offence under Section 304-B, I.P.C. and three years' rigorous imprisonments and a fine of Rs. 100.00 and in default of payment of fine further to undergo one month's simple imprisonment for the offence under S. 498-A, I.P.C. It is against this judgment dated 12-3-91, convicting and sentencing the accused-appellants that they have preferred this appeal.

(3.) It is contended by the learned counsel for the appellants that there is no evidence available on record connecting the accused-appellants with the crime. It has further been contended by the learned counsel for the appellants that the ingredients of the offences under Sections 498-A and/or 304-B, I.P.C. are not made-out and it has not been conclusively proved that the appellants subjected deceased Smt. Sharda to cruelty or harassment and the death of Smt. Sharda, though unnatural, cannot be said to be one of the 'dowry deaths.' The learned Public Prosecutor as well as the learned counsel for the complainant, on the other hand, have supported the judgment passed by the Court below and have submitted that the death of Smt. Sharda occurred within seven years of her marriage and she had been subjected to cruelty and harassment by the appellants for the demand of a Maruti car as dowry and as the death of Sharda resulted otherwise than in the normal circumstances, therefore, it raises a presumption of 'dowry death'.