DHALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been filed by the appellant challenging the judgment dtd. 17/5/1995 passed by learned Sessions Judge, District Jodhpur (hereinafter referred to as Rs.the Trial Court') in Sessions Case No. 95/1994 by which the Trial Court convicted and sentenced the appellant as under : Offence Under Sec. 498-A IPC : One year's R.I. and fine of Rs. 1,000/- and in default of payment of fine, to further undergo three months' S.I. Offence Under Sec. 306 IPC : Five years' R.I. and fine of Rs. 5,000/- and in default of payment of fine, to further undergo six months' S.I. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 21/4/1994, Police recorded the statement of deceased Kamla at Military Hospital, Jodhpur. In her statement, deceased-Kamla disclosed that she has been married to the accused for about seven years. She revealed that she had burned herself using kerosene at about 7 AM citing her husband's persistent physical abuse, harassment related to dowry and threats regarding his potential re-marriage to another women as the motivating factors behind her tragic decision. On this report, Police registered the FIR and started investigation. On completion of investigation, challan was filed against the appellant for offences under Ss. 498-A, and 34 IPC.

(3.) Thereafter, charges were framed by the learned Trial Court against the appellant under Ss. 306 IPC and 498-A IPC, who pleaded not guilty and claimed trial.