MUKAT BIHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Mukut Bihari has filed this appeal under Section 374 of the Code of Criminal Procedure against the judgment and order dated 4th July, 2002 passed by the Addl. Sessions Judge No. 1, (Fast Track), Kota in Sessions Case No. 16/02 whereby he has been convicted and sentenced under Section 304-B, IPC to 10 years R.I. and a fine of Rs.1.000/- and in default of payment of fine to further undergo 6 months S.I.

(2.) P.W.1 Ghasi Lal lodged a typed report Ex. P1 on 13-10-2001 at Police Station Budhadit, District Kota wherein it was alleged that his daughter Shakuntala Bai aged about 24 years was married on. 28th April, 1996 with accused Mukat Bihari s/o Kishan Gopal by caste Gurjar r/o Morana P.S. Budhadit, District Kota. The 'Gauna' ceremony took place after 3 years of the marriage and the number of items were given in dowry as per details given in the said report. It was further alleged that the accused Mukat Bihari and in-laws of Shakuntala Bai demanded further a motorcycle or a sum of Rs. 50.000/- in dowry when his daughter Shakuntala went to in-laws house. It was further alleged that the accused Mukat Bihari husband, Prem Bai mother-in-law and Kishan Gopal father-in-law started to harass his daughter. As and when Shakuntala came to his house, she used to tell about cruelty and harassment being done by her in-laws. It was also alleged that about one year ago, she was beaten by her husband, mother-in-law and father-in-law on the question of demand of dowry. She was tried to be killed by her in-laws but her sister-in- law intervened in the matter. The number of allegations were also alleged about cruel action on the part of in-laws on the person of Smt. Shakuntala Bai in this report. It was further alleged that on 10th October, 2001 at about 9.00 p.m. his daughter Shakuntala was killed by her husband Mukat Bihari. Her funeral took place in the night at about 12.00 O'clock without any information to them. Two persons came on the motorcycle to inform them that his daughter has died and funeral has already taken place. The third-day ceremony will be held on 12th October, 2001. When they reached on third- day then the said ceremony had already taken place. They asked about cause of death then her in-laws members did not give any reply but certain women of the village told that the husband, mother-in-law and father-in-law have killed Smt. Shakuntala, therefore, it was prayed that a report be registered and action be taken as per law.

(3.) On the basis of the above information police registered an FIR No. 130/2001 under Sections 304-B and 201, IPC and started investigation. During investigation the accused appellant and his father Kishan Gopal were arrested and at their instance some recovery of articles was made and site-plan was prepared. After investigation of the matter, the police filed a challan against the present appellant as well as his father Kishan Gopal on 16th January, 2002 in the Court of Judicial Magistrate, Deegod who committed the case for trial to the Court of Sessions Judge, Kota who transferred the same for trial to the Court of Addl. Sessions Judge No. 1 (Fast Track), Kota.