SANTOSH & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present appeal has been filed against the judgment dated 18/03/2006 rendered by the court of Additional Sessions Judge (Fast Track) Bandikui, District Dausa in Sessions Case No.25/2005 (State Vs. Santosh & Anr.) whereby, the accused -appellants have been convicted for offence u/S.302 IPC and have been sentenced, as under: -

(2.) THE case of the prosecution is that Smt.Santosh @Mota was married 11/2 years before the occurrence with appellant -Santosh. She was burnt in matrimonial home on 22/10/2004. Smt.Santosh @Mota as per post -mortem report (Ex.P1) had suffered 95% burns. She died in hospital on 24/10/2004 at 7.10 a.m.

(3.) BHAGCHAND Bairwa (PW2) presented the written report (Ex.P2) before the Station House Officer Police Station Manpur, District Dausa in which, he stated that his daughter was married 11/2 years ago with Santosh S/o Ramsahay and on 22/10/2004, due to demand of dowry, her husband Santosh, mother -in -law Smt.Somoti, 'devar' (brother -in -law) Harkesh, 'nandoi' (jija) Anandilal and 'nanad'/bhabhi (sister -in -law) Geeta had burnt her to death. On the basis of written report (Ex.P2), formal FIR No.397/2004 (Ex.P3) was lodged at Police Station Manpur, District Dausa for offence u/Ss.498A and 307 IPC. Investigating agency had sent only the husband -Santosh and mother -in -law Smt.Somoti for trial. Both the appellants were charged for offence u/Ss.498A and 304B IPC and in alternative for offence u/S.302 IPC. Appellants pleaded not guilty and claimed trial.