RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed against the judgment and order dtd. 10/4/2018 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Udaipur in Sessions Case No. 171/2015 whereby, the learned Judge convicted the petitioner for offence under Sec. 306 IPC and sentenced him to undergo seven years rigorous imprisonment with fine of Rs.50,000.00 and in default of payment of fine, to further undergo one year simple imprisonment.

(2.) Brief facts of the case are that a written report was filed by the complainant Smt. Bhanwari Bai W/o Dhula ji stating therein that her daughter Mohini was married to Raju S/o Dallaji. Their marriage took place about 14 years ago and out of the said wedlock three children were born. The complainant alleged that Raju frequently subjected his daughter to physical abuse, particularly when under the influence of alcohol. On 10/6/2015, she received an information that slippers of some lady were lying near the well of Mangi lal Patel. Upon inquiring about the whereabouts of her daughter, Smt. Bhanwari Bai learned from her granddaughters that their father had physically assaulted their mother the previous night, prompting her to leave the home and subsequently fail to return. It is alleged that daughter of the complainant may have taken her own life by jumping into the well.

(3.) On the basis of said report, the police registered FIR No. 324/2015 for offence under Sec. 306 IPC and commenced investigation. After investigation, the police filed challan against the present petitioner for offence under Sec. 306 IPC. Thereafter, the case was committed to the court of learned Additional Sessions Judge (Women Atrocities Cases), Udaipur whereby, arguments on the charge were heard. Thereafter, the learned Judge ordered to frame charges against the petitioner for offences under Ss. 306 IPC.