RANVIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Whereas appellant Ranvir has been found guilty for offence u/s 302 IPC and sentenced to undergo imprisonment for life as also to pay a fine of Rs. 5,000.00 and in default of payment of fine to further undergo RI for one year having intentionally caused death of his young wife with advanced pregnancy, his real brother Ummed Singh has been held guilty for offence u/s. 201 IPC and sentenced to undergo RI for a period of four years as also to pay a fine of Rs. 1,000.00, in default of payment of fine, to further undergo RI for six months for screening the offence of murder committed by his brother. They were held guilty and sentenced, as mentioned above, vide judgment recorded by the learned Additional Sessions Judge, Jhunjhunu dated 8-11-2000. It is against this common order of conviction and sentence that whereas Ranvir has filed D.B. Criminal Appeal No.705/2000, Ummed Singh has filed S.B. Criminal Appeal No. 666/2000.

(2.) The incident with regard to death of Sunita wife of appellant Ranvir was reported by none other than Ummed Singh, brother of appellant Ranvir and appellant in Appeal No. 666/2000. While lodging FIR on 16/7/1999 at 8.05 a.m. he stated that on 16/7/1999 at 6 a.m. Sunita wife of his younger brother Ranvir Singh, aged 19 years was filling water in a cooler which was already on, when thud of her falling down and crying came which attracted him, Smt. Sajjna, Chana Devi and Mahakori Devi. They all ran and saw that Sunita was grasping for breath and her tongue was protruding from her mouth. They took her to hospital Bagad where the doctor declared her dead. Dead body of Sunita was lying at the house. She was married on 30-12-1998. She died because of electric shock. Within two hours from the time Ummed Singh lodged report, as mentioned above, Sunidhar, brother of the victim Sunita, also lodged report Ex. P. 10 at 12.50 p.m. wherein he stated that his sister was married with Ranvir son of Hemaram on 30-12-1998. On 16-7-1999 he received information from Bagad that Sunita had died because of electric shock upon which he along with his parents went to Bagad and saw the dead body of Sunita at the house of his brother-in-law Ranvir. They found marks on her neck caused either by a rope or by some other means and it appeared that her death had been caused because of throttling. They also found injury marks on her neck, feet and waist. His sister had been killed by his brother-in-law by throttling. His sister was 18 years of age and was married about six months ago.

(3.) In its endeavour to bring home guilt against the appellants, prosecution examined Dr. Natthu Singh as PW-1, who stated that on 16-7-1999 Medical Board was constituted consisting of himself, Dr. Karan Singh Ola and Mrs. Mukul Arya. They had conducted post mortem on the dead body of Sunita on 16-7-1999 at 12.30 p.m. Dead body of Sunita was identified by her husband Ranvir. He stated that the death had been caused within 6 to 12 hours from the time when the post mortem was conducted. Tongue of the deceased was protruding out and there was froth coming out of her mouth. On all four sides of her neck, there were ligature marks. Following injuries were found on the dead body of Sunita :-