SHARVAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellants against the judgment passed by the Additional Sessions Judge, Kekri, District Ajmer in Sessions No. 5/2003 convicting and sentencing the accused appellants for the offences under Section 306, IPC to undergo seven years rigorous imprisonment and to pay a fine of Rs. 1,000 each and; in default of payment of fine to further undergo six months simple imprisonment and further convicting the accused appellants under Section 201, IPC for one year's rigorous imprisonment and to pay a fine of Rs. 500 and, in default of payment of fine, to further undergo one month's simple imprisonment. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of this case, as perthe prosecution, are that the appellant No. 1 Sharvan Lal and the appellant No. 2 Achraj Devi, are husband and mother -in -law of Yashoda, the deceased. After the marriage of Yashoda with the appellant No. 1 Sharvan Lal, the accused appellants used to ill -treat Yashoda and committed various acts of cruelty on her as a result of which ultimately Yashoda committed suicide due to intimidation by the accused appellants on 3.9.2002 and on 4.9.2002 before the post -mortem could be conducted, the deceased Yashoda was cremated. It is in this background that report Exhibit -1 was submitted on 5.9.2002 by Sampat Lal P.W -1 who is brother of the deceased Yashoda at Police Station Bhinay, District Ajmer on 5.9.2002 on which report FIR No. 177/2002 was drawn for the offences under Section 302 read with Section 201, IPC. The Police after investigation submitted a challan for offences under Sections 306 and 201, IPC against the accused persons. After the case was challanged and committed, charges were framed for the offences under Sections 306 and 201 IPC against the accused appellants who pleaded not guilty. During the course of trial, the prosecution examined 25 witnesses and produced 16 documents by way of prosecution evidence. The accused appellant made statements under Section 313, Cr.P.C. The learned Trial Court after having gone through the evidence, came to the conclusion that both the accused persons were guilty of the offences under Sections 306 and 201, IPC and, consequently, sentenced the accused appellants for the terms . mentioned above. Being aggrieved by the aforesaid conviction and sentence, this appeal was filed by both the accused appellants before this Court.

(3.) LEARNED Counsel for the appellants has submitted that the present case would have to be considered in the light of the fact that Section 113A of the Evidence Act is not applicable since suicide by deceased Yashoda did not occur within the period of seven years from the date of her marriage. It is, therefore, submitted that the case of the prosecution would have to be examined in the light of the direct evidence which has been led by the prosecution and the prosecution cannot take shelter of any presumption by virtue of Section 113A of the Evidence Act.