PURSHOTTAM SINDHI Vs. STATE

JUDGEMENT

(1.) This appeal is preferred by Purshottam Sindhi (husband of the deceased Jyoti), Gopal Sindhi (brother-in-law of the deceased), and Smt. Janki Devi (mother-in-law of the deceased) against the judgment of conviction dtd. 30/1/1996 passed under Sec. 304B and 498A of the Indian Penal Code, 1860 (for short 'IPC'). Vide order of even date, the appellants were sentenced life imprisonment u/s 304B IPC and to pay fine of Rs.250.00 each. In default of payment of fine, to undergo imprisonment for one month. Sentence u/s 498A IPC is of three years imprisonment and fine of Rs.100.00 each. In default of payment of fine, to undergo imprisonment for fifteen days. Both the sentences run concurrently.

(2.) During pendency of the appeal, Smt. Janki Devi expired and the appeal was abated qua her.

(3.) The facts as per the prosecution are that the FIR dtd. 22/8/1993 under Sec. 304B and 498A IPC was lodged at Police Station Brahmpuri, Jaipur at the instance of Arjun Das (brother of the deceased). It was stated that a relative of the complainant informed that deceased was burnt and taken to the hospital. On reaching the hospital the deceased told the complainant that she was harassed to the extent that she was left with no other alternative but to set herself on fire. After investigation, charge-sheet was submitted against the accused u/s 304B and 498A IPC. In the statement u/s 313 of the Code of Criminal Procedure, the accused stated it to be a case of false implication and that the deceased was neither harassed nor treated in a cruel manner. There was no demand of dowry.