BHANWAR LAL @ BHANWRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374(2) Cr.P.C. has been filed by the appellants against the judgment dtd. 21/12/2017 passed by the learned Addl. Sessions Judge, Parbatsar, District Nagaur in Sessions Case No. 33/2000, whereby the learned Judge has convicted and sentenced the appellants as under:-

(2.) Brief facts of the case are that on 24/3/2000, the complainant Kanaram submitted a written report before the Police station, Peelva detailing the circumstances surrounding the death of his daughter, Vimla. She was married to Chaina Ram, S/o Shivnath Ram, approximately four and a half years prior to the incident. In his report, Kanaram alleged that the family members of the accused husband had persistently subjected his daughter to harassment for dowry. On the same day, Kanaram received distressing news that his daughter was attempting to contact him. Upon arriving at her matrimonial residence, he discovered Vimla died. He contended that the accused individuals had poisoned her, leading to her untimely demise.

(3.) On this report, the police registered FIR No. 26/2000 and started investigation. After investigation, challan was filed against accused Shivnath, Chainaram, Chotudi, Gomadevi under Ss. 498-A, 304-B and 201 IPC and investigation against accused Bhanwar Lal and Pemaram i.e. the appellants were kept pending under Sec. 173(8) Cr.P.C. Thereafter, a chargesheet was presented against the present accused appellant Bhanwar Lal @ Bhanwara Ram and Pemaram under Sec. 299 of the Criminal Procedure Code. Charges were framed against the co-accused and trial proceeded against accused Shivnath, Chaina ram, Chotudi and Gora Devi. The learned Trial Court vide impugned judgment dtd. 6/2/2002 acquitted all the co-accused of all the charges. Later on, the present appellants arrested and trial commenced. Thereafter, the case was committed for trial to the Court of Additional Sessions Judge, Parbatsar, District Nagaur where charges of the case were framed. In support of prosecution, the prosecution examined 17 witnesses and exhibited 16 documents. Thereafter, the statement of accused persons were recorded under Sec. 313 Cr.P.C and in defence, the accused persons examined two witnesses DW-1 Devkaran and DW-2 Banaram. After conclusion of trial, the Trial Court convicted and sentenced the accused appellants as mentioned above.