PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PRAKASH s/o Bhimsingh has instituted the present appeal in order to assail the judgment dated 23rd September, 2008, rendered by The Special Judge (Women Atrocities and Dowry Cases), Jaipur City, Jaipur whereby the appellant was convicted for offences under Sections 498A and 304B IPC. Having convicted the appellant for the above said offences, the trial Judge, by a separate order of even date, sentenced the appellant for offence under Section 498A IPC to three years of rigorous imprisonment and to pay a fine of Rs.1000/ -, and in default thereof, to undergo one month of rigorous imprisonment. For the offence under Section 304B IPC, the appellant was sentenced to life imprisonment. It is further ordered by the trial Judge that the appellant shall pay Rs.1,00,000/ - to Manglaram who lost his daughter, Sunita.

(2.) THE trial Court ordered that both the sentences awarded on two counts shall run concurrently.

(3.) IN the present case, written complaint (Ex.P/5) was submitted by Mohan Lal (P.W.10). In the written complaint, he stated that his sister, Sunita was aged 20 years. On 19th May, 2000 she was married with Prakash son of Bhim Singh, caste Harijan, resident of Valmiki Colony, Malviya Nagar. For last few months, Sunita was staying in the house of her in -laws. On 10th April, 2004, his younger brother Bhanwar Lal (P.W.9) came to bring his sister to the parental house. Sunita disclosed to Bhanwar Lal that the accused Prakash, after consuming liquor, used to beat her. She further requested her brother to take her along, and further stated that for not bringing adequate gold and silver, she has been ill -treated, and the husband used to beat her. On day of the occurrence, son of paternal aunt (bhua), Anup Kumar informed the complainant that his sister has died. Complainant Mohan Lal (P.W.10) came to Malviya Nagar and found that the bangle of right hand of his sister was broken, and only two bangles were intact whereas all other bangles on the other hand were there. Blood had dried near her nose. Her yellow colour petticoat was also having stains of blood from which, it was inferred by the complainant that his sister was killed. Earlier, the sister of the complainant was residing with her parents. Only two months before, Narbada, the mother of the accused, Prakash had brought his sister on her own responsibility from Village Kalak to Malviya Nagar, Jaipur. The complainant suspected that his sister had been killed. He further stated that Bhimsingh and Narbada were also involved in the conspiracy. He prayed for taking action against the accused.