RAVINDRA @ RAVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed by accused appellant; namely-Ravindra @ Ravi assailing the judgment and order dated 03.05.2007 passed by the Court of Additional Sessions Judge, No. 1, Alwar (for short ‘the trial court') whereunder the accused-appellant has been acquitted of the charge framed for offence punishable under Sec. 498-A Penal Code but convicted for the offence punishable under Sec. 302 Penal Code and sentenced to life imprisonment with fine of Rs. 1,000.00, in default whereof, he would have to further undergo simple imprisonment for six months.

(2.) Factual matrix of the case is that a written report (Exhibit P-1) was submitted at Mahila Thana, Alwar by one Sanjay (PW.1) on 19.06.2005 stating therein that informant’s sister, namely Laxmi, was married with the appellant Ravindra @ Ravi on 04.05.1998 and since then, she was being beaten up and money was being demanded from her by her husband and in-laws. It was further alleged that all these persons brutally killed Laxmi and also tried to destroy the evidence. Informant’s sister Laxmi had marks of injuries on her leek and face, including ligature mark. It was further stated in the report (Exhibit P-1) that 2-3 days before the murder, the informant had made a telephonic call on which her/his sister responded by stating that she was in trouble and these persons were threatening to kill her. The persons, who killed informant’s sister were named as Bhagwan Sahai, father-in-law; Geeta Devi, mother-in-law; Ravindra Kumar, husband; Rakesh, Mahesh, Jai Shiv and Jagmohan, all brothers-in-law.

(3.) On the basis of aforesaid written report (Exhibit P-1), F.I.R. No. 48/2005 (Exhibit P-2) was registered at the aforesaid police station for offence under Sections 498-A and 302 Penal Code and investigation commenced. During the investigation, dead body of the deceased was subjected to inquest proceedings and post mortem examination. Site was also inspected and site plan was prepared, accused-appellant was arrested, recoveries were effected at his instance. Upon completion of investigation, charge sheet against the accused-appellant was filed in the Court of concerned Magistrate for offence, under Sections 498-A and 302 IPC. The case, being triable by Court of Sessions, was committed to the Court of Sessions Judge, Alwar, from where it was transferred to the trial court for trial. The trial court framed charges against the accused-appellant under Sections 498-A and 302 IPC. The accused-appellant denied the charges and claimed trial. The prosecution produced 16 witnesses and exhibited 26 documents. Thereafter, the accused-appellant was examined under Sec. 313 Cr.RC. wherein he pleaded innocence. In defence, 2 witnesses were produced and 5 documents were exhibited. The trial court, on conclusion of the trial, vide judgment and order dated 03.05.2007 convicted and sentenced the accused-appellant in the manner indicated above.