TEJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order of conviction and sentence dated 14.8.2002 passed by the learned Additional Sessions Judge, Bhinmal in Sessions Case No. 44/2000, State of Rajasthan Vs. Nimba Ram & Anr. . By the impugned judgment, the learned trial Court convicted the appellant (herein) for offence u/s.302. Penal Code and sentenced her to undergo imprisonment for life and to pay a fine of Rs. 500.00 and, in default of payment of fine, to further undergo one month's rigorous imprisonment. The appellant alongwith co-accused-Nimba Ram has also been convicted for offence u/s. 498-A, Penal Code and both of then have been sentenced to suffer rigorous imprisonment for a term of 2 and a half years and to pay fine of Rs. 500.00 each and, in default of payment of fine, to further undergo one month's rigorous imprisonment. Against his conviction and sentence by the impugned judgment and order, co-accused-Nimba Ram has also filed S.B. Criminal Appeal No. 671 of 2002 before this Court which shall also stand disposed of in terms of the Division Bench judgment in the instant appeal.

(2.) The summed up facts of the case reveal that, the Station House Officer, Police Station Bagora (Jalore) presented challan against the appellant and her son Nimba Ram for offences u/ss. 498-A & 304-B, Penal Code before the Court of Additional Chief Judicial Magistrate, Bhinmal, whereupon after committal proceedings, the case came to be tried by the learned Additional Session Judge, Bhinmal. The complainant-Abha presented a written complaint (Exhibit P/9) before the police at Bhinmal that his daughter Shanta was married to accused- Nimba, she used to complain about her harassment by her husband Nimba and his mother Smt. Teji for demand of dowry whenever she came to her parental house, earlier also, one Wali Khan, jeep driver had informed him that he had seen Shanta being beaten by the accused, therefore, he had gone to Lakhani to bring his daughter Shanta back but the accused had begged pardon and assured him not to do so again, today (26.8.2000), he has been informed that Shanta has been burnt by her in-laws and has been admitted to hospital at Bhinmal on 25.8.2000.

(3.) On the said complaint filed by complainant-Abha, case was registered at Police Station Bagora u/ss. 498-A & 307, IPC. Since, Shanta died during the course of investigation, the trial Court took cognizance for offences u/ss. 498-A & 302, in the alternative Sec. 306, Penal Code against the accused-appellant-Smt. Teju and for offences u/ss. 498-A & 304-B, in the alternative Sec. 306, Penal Code against co-accused-Nimba.