MANGATU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MANGATU Ram, the present appellant, was married with Sunita Devi according to the Hindu customs and rites. Jagdish, brother of the deceased, Sunita Devi, on 25.3.2004, had instituted a criminal complaint (Ex.P.14) in the court of Judicial Magistrate, Bandikui. In the said complaint, orders were passed under Section 156(3) Cr.P.C. and consequently, an FIR No.51/04 (Ex.P.18) under Sections 498A, 304B, 201/302, 147 IPC was registered at Police Station Kolwa, District Dausa. After investigation of the FIR, the present appellant, Mangatu Ram, husband of the deceased, Sunita, and his father, Sheobux, father -in -law of the deceased, were sent for the trial.

(2.) THE trial court vide impugned judgment dated 28.1.2005 acquitted Sheobux, father of the appellant, who was prosecuted being father -in -law of the deceased. The trial court also returned a finding that the marriage was ten years old and the prosecution has failed to prove the demand of dowry and thus, recorded acquittal of the present appellant for offence under Sections 304B and 498A IPC. The trial court further came to the conclusion that on the night of the occurrence, the appellant had stealthily without informing the relations or police and without getting the post -mortem of the dead body conducted, in hush -hush manner had cremated the deceased. Therefore, the appellant was held guilty of offence under Section 302 IPC read with Section 201 IPC for having caused murder and disappearance of the evidence of the dead body.

(3.) HAVING convicted the appellant for the above said offences vide impugned judgment dated 28.1.2005, vide a separate order of even date, the trial court sentenced the appellant as under: -