LAWS(RAJ)-2015-1-195

PRAKASH CHAND MEENA Vs. STATE OF RAJASTHAN

Decided On January 20, 2015
PRAKASH CHAND MEENA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) PRAKASH Chand Meena s/o Ramdhan, alongwith his father, Ramdhan were tried for the offence under Section 304 -B IPC by the court of Special Judge (Woman Attrocities Cases), Jaipur City. The trial court acquitted Ramdhan, father of the appellant, and held the appellant, Prakash Chand Meena guilty of offence under Section 304 -B IPC and sentenced him to life imprisonment and to pay a fine of Rs. 100/ -, in default of payment of fine, to further undergo three months' R.I.

(2.) MR . Suresh Sahni, the learned counsel for the appellant, has restricted his prayer only qua quantum of sentence and in support of his contention, has relied upon the recent judgment of the Hon'ble Apex Court in Sunil Dutt Sharma vs. State (Govt. of NCT of Delhi), 2014 4 SCC 375.

(3.) IT is to be noted that minimum sentence prescribed for the offence under Section 304 -B IPC is seven years. The trial Judge in Para 32 of the judgment for awarding life imprisonment stated that the deceased was aged 20 years. She had not completed one and a half year of her marriage, and she had not died due to consumption of poison, or drowning or hanging, and it is not a case of suicide, but as per medical evidence, the cause of death of victim is strangulation and later, an effort was made by the accused to depict that she hanged herself.