PAWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant Pawan Singh has approached this Court by way of instant appeal challenging the judgment dated 13.08.2008 passed by the Court of Special Judge, Women Atrocity and Dowry Cases, Jaipur City, Jaipur (for short 'the trial court') whereby the accused-appellant has been acquitted of the offences punishable under Sections 498-A and 304-B IPC, but convicted for the offence punishable under Section 302 IPC and sentenced to life imprisonment with fine of Rs. 2,000/-, in default whereof, he would have to further undergo additional rigorous imprisonment for four months.

(2.) Factual matrix of the case is that on 09.07.2006 at about 5.15 P.M., complainant Chanchal Kant Verma (RW. 3) with his brother, Anil Kant Verma (P.W. 1) submitted a written report (Exhibit P-1) at Police Station Jhotwara, Jaipur stating therein that marriage of his sister Kirti @ Santosh Lata and accused-appellant Pawan Singh was solemnized at Nasirabad. On 08.07.2006 at about 11.45 P.M. he came to know that his sister had expired. When he reached at the house of the accused-appellant on 09.07.2006, he found that his sister had died in suspicious circumstances as some injuries were visible on her dead body. He further stated that he had doubt that accused-appellant and his family members had committed murder of his sister. It was further stated that the accused-appellant used to demand dowry from his sister. Since the accused-appellant had a life insurance policy in the name of his sister Kirti @ Santosh Lata, he had murdered his sister to get claim thereof. On the basis of written report (Exhibit P-1), FIR No. 474/2006 (Exhibit P- 2) was registered for offence under Sections 304-B and 498-A IPC.

(3.) The accused-appellant also lodged a report with Police Station Jhotwara (Exhibit P-15), in which the police started investigation under Section 176 Cr.RC. Dead body of the deceased was subjected to post-mortem and panchayatnama thereof was also prepared.