SHYAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHYAM Lal, on 28.2.2000, was married with Anjali @ Pinky daughter of the complainant Mohanlal (P.W.6). On 28.4.2005 at about 7:30 -8:00 PM information was received by Mohanlal (P.W.6) that his daughter Anjali @ Pinky has died in her matrimonial home. Mohanlal appeared at Police Station Bandikui on 29.4.2005 at 8:30 AM and presented the written complaint (Ex.P.13) on the basis whereof formal FIR (Ex.P.14) bearing No.272/05 was registered at P.S. Bandikui, District Dausa for offence under Sections 498A, 304B IPC. Investigating agency had sent present appellant Shyam Lal and his mother Smt. Manohari Devi for trial.

(2.) THE court of Additional Sessions Judge, Bandikui vide impugned judgment dated 1.5.2009 recorded acquittal of Smt. Manohari Devi and holding that all ingredients of offence under Section 304B IPC are made out, convicted the appellant for offence under Section 302 IPC primarily on the ground that medical evidence prove death of Anjali @ Pinky to be murder. We shall reproduce following finding returned by the trial court in the impugned judgment: -

(3.) A question has arisen before us where all family members of husband are named as accused can it be presumed that husband alone is responsible for murder and if ingredients of offence under Section 304B IPC are made out with aid of Section 113B of the Indian Evidence Act and presumption is available to prosecution qua offence of dowry death still by invoking Section 106 of the Indian Evidence Act, presumption is to be drawn against husband for murder?