PURAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CONVICTED for offence under Section 304B IPC and sentenced to life imprisonment, and convicted for offence under Section 498A IPC and sentenced to two years rigorous imprisonment, and directed to pay a fine of Rs.5000/ - and further directed to undergo three months of imprisonment in default thereof, by judgment dated 28.6.2007 passed by the Additional Sessions Judge (Fast Track), Bandikui, Headquarter Dausa, the appellant, Puran, has approached this court.

(2.) BRIEFLY , the facts of the case are that Ram Singh (P.W.6) submitted a complaint (Ex.P.4) on 11.5.2005 before the Addl. Chief Judicial Magistrate, Dausa against six persons, including the appellant. In the complaint he claimed that "his daughter, Kaila, was married to Puran in 1998. She lived with her husband at her matrimonial home. However, just after few days of the marriage, her in -laws started torturing her for dowry. Her elder brother -in -law (Jeth), Gopal, would not only assault her, but would also curse her. We had given the dowry according to our economic condition. But her in -laws used to tell her that in case your father did not pay Rs.51,000/ -, and did not give us a motorcycle, some other woman will take your place in the house. I had given cash, jewelry made of gold and silver, and other items to my daughter at her marriage. I had also spent about Rs.3 Lacs in her marriage. After three years of marriage, a daughter was born for which I also gave Rs.5100/ - and clothes to my daughter and son -in -law. About one and a half years ago, my daughter gave birth to a son. The accused persons again started demanding a motorcycle and Rs.51,000/ -. When my daughter told them that my father is not in a position to fulfill the demand, the accused persons again started torturing my daughter. They had threatened her that either they will kill her, or throw her out of the house. About a year ago, my daughter's elder brother -in -law (Jeth), Gopal, assaulted her and threw her out of the matrimonial home. My daughter came to our place and told us about her plight. I spoke to my daughter and made her understand. My daughter went back to her matrimonial place. I also spoke to her elder brother -in -law and other family members of his. But just on the next day, her husband, her father -in -law, her mother -in -law, her elder brother -in -law, her elder sister -in -law assaulted her and threw her out of the house. They also told her that like her brother, Kailash, whose wife was thrown out of the matrimonial home and he had remarried, similarly they will throw her out of the house and would remarry her husband. They also gave her one month's time to bring Rs.51,000/ - and the motorcycle, or to face the consequences. My daughter came and told me about this. Therefore, I took five elderly villagers to her in -laws place and tried to explain things to them. On 5.5.2005, the accused persons killed my daughter. This fact my son, Hansraj, came to know around 11.00 O'clock in the morning. When we met my daughter's elder brother -in -law on the road, the elder brother -in -law told Hansraj that since there is a function in the family, he should come back after three to four days. Hansraj became suspicious. He reached the house of the accused. There he found, Harya, Nahnoo, Mukesh, Mohan, Jhooma, Lalli. Nahnoo and Harya told him that his sister is not opening the door. When he went there, he saw that his sister had died and her dead body was thrown in the room where the wheat was stored. There was blood on her head, and piece of cloth stuffed in her mouth. My son became unconscious. By the time he gained conscious, the accused had already cremated my daughter. His son came and told him about the incident. When they went to attend the Tiye -Ki -Baithak (third day ceremony), they asked about the cause of death, the accused did not give a satisfactory answer. Therefore, I suspect that the accused have killed my daughter for dowry demand, and destroyed the evidence thereof. I had gone to the police station at Nangal Rajawatan. But they told me to get an order from the court. Therefore, I am filing the present criminal complaint."

(3.) THE said complaint was sent to the police under Section 156(3) Cr.P.c. for further investigation. Upon the said complaint, a formal FIR (Ex.P.8), namely FIR No.139/05, was registered for offences under Sections 304B, 498A, 201 IPC. During the course of investigation, the appellant , Puran, was arrested. A charge -sheet was filed against him for offences under Sections 498A, 304B and 201 IPC. However, the investigation was kept pending under Section 173(8) Cr.P.C. against Ramgopal, Habuda, Nangi, Jhooma and Lalli. Puran's case was committed to the court of Sessions Judge, Dausa wherefrom it was transferred to Additional Sessions Judge (Fast Track), Bandikui. Subsequently, after completing the investigation against other co -accused persons, a supplementary charge -sheet was filed. Against the co -accused, Ramgopal a chargesheet was filed for offences under Section 498A, 304B and 120B IPC. Against Habuda, Nangi, Lalli and Jhooma, the charge -sheet was filed for offences under Sections 201, 176 IPC.The criminal case against the co -accused persons was committed to the Sessions Court. By order dated 26.4.2006, the case was transferred to the court of Additional Sessions Judge (Fast Track), Bandikui. Both the trials were consolidated. While Puran and Ramgopal were charged for offences under Sections 304B, 498A and 201 IPC, the other co -accused persons, namely Habuda, Smt. Nangi, Smt. Lalli and Jhooma were charged only for offence under Section 201 IPC. All of them denied the charges and claimed trial.