LALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant criminal appeal filed under Sec. 374 (2) of Cr.P.C., the accused appellant Lalu Ram S/o Gordhan resident of Mohi Tehsil & District Rajsamand is challenging the validity of the judgment dated 28.2.2009 passed by learned Addl. Sessions Judge (Fast Track), Rajsamand in Sessions Case No. 37/2008 whereby the accused appellant was convicted for offence under Ss. 498 -A and 302 I.P.C. and following sentence was imposed upon him: - -

(2.) Both the sentences were ordered to run concurrently.

(3.) As per brief facts of the case, on 08.09.2008, the complainant Nana Lal S/o Chena submitted a written report Ex. P -30 at Police Station Rajnagar alleging therein that Durga daughter of his brother Manoher was married 13 years back with Lalu Ram at Village Kothariya and after marriage she used to come and go to her in laws house and to parents house. Smt. Durga was having three issues but after marriage her husband Lalu Ram used to give beating for demand of money to start business and his brother Manohar ji gave money for business so that matrimony of his daughter should not be broken. In the written report, it was further alleged that in the last night Lalu Ram gave beating by Lathi (Dhowana) to his wife Durga due to that, she received internal injury. Upon receiving the information from his son Kisan from village Mohi in the night at 4 a.m., they reached to the village Mohi where they found that Smt. Durga was in serious condition and she informed that her husband has assaulted her by lathi (dhowana). Looking to the serious condition, Durga was taken to the R.K. Hospital from where she was referred to Udaipur Hospital but during treatment she died on 09.09.2008.