STATE OF RAJASTHAN Vs. PRAHLAD RAM

JUDGEMENT

(1.) THERE is delay of 04 days in preferring the present application. For the reasons mentioned in the application submitted under section 5 of the Limitation Act, the delay of 04 days in filing present application for Leave to Appeal is condoned. Therefore, the application is being decided on merits.

(2.) THE facts of the case in nutshell are that complainant Atma Ram submitted a written report (Ex. P1) on 21.03.2014 in Police Station Ramsar stating therein that his daughter Hastu was married to accused Prahlad Ram about three years ago according to Hindu rites and since then she has been residing with her husband Prahlad Ram at her matrimonial home at Taraniyon Ki Dhani, Setrau. However, her husband, elder mother -in -law (badi saas), father -in -law and brother -in -law used to harass her for dowry. She had also come home and told him that her inlaws are demanding money and harassing her for dowry. On 20.03.2014 Gemra Ram, Lekhu Ram, Smt. Fanti and Prahlad Ram together killed his daughter and threw her in underground water -tank. At 6PM in the evening they were informed by Ramsar Police Station and they came on the spot. When dead body was taken out injury marks were seen on the body. Police was asked to take action. Thereupon FIR No. 16/2014 for offences under sections 498A, 304B IPC was registered.

(3.) BEFORE adverting to the evidence on record, it would be necessary to refer to Section 304B IPC and Sections 113 -A and 113 -B of the Indian Evidence Act, which are reproduced herein after: