STATE OF RAJASTHAN Vs. MANGALSINGH

JUDGEMENT

(1.) Challenge has been laid by the appellant-State to the judgment and order dtd. 25/9/2002 passed by the learned Additional Sessions Judge (Fast Track), Balotra in Sessions Case No. 4/2002, vide which the accused- respondents have been acquitted of the offences under Ss. 302/34, 304- B/34 and 498-A/34 of IPC.

(2.) The brief facts of the case are that on 28/8/2001, the complainant, Guman Singh, submitted a written report (Ex.P-14) at Police Station Siwana, alleging, inter alia, that his daughter, Sushila Kanwar, was married to accused-respondent No. 3, Chandan Singh, in January 1999, and that dowry was given according to his financial status. After the marriage, she began to be tortured by her husband and in-laws. Whenever she visited her paternal home, she would complain about the same to him and other family members. In the intervening night between 21/8/2001 and 22/8/2001, at about 1.00 1.30 a.m., Jabbar Singh and Udman Singh came to him in Barmer and informed him that his daughter, Sushila Kanwar, had consumed poison and hanged herself.

(3.) Learned Counsel appearing for the State placed heavy reliance on the statements of Panney Singh (PW-8) (neighbour), Om Kanwar (PW-10) (real sister of the deceased), Usha Kanwar (PW-11) (sister-in-law, i.e., brother's wife), Tina Kanwar (PW-12) (sister), and Guman Singh (PW-16) (father). While relying on these statements, the Counsel appearing on behalf of the State submitted that all these witnesses, who appeared in the witness box, have categorically stated that the accused-respondents murdered Sushila Kanwar. Despite these consistent statements, the learned Trial Court acquitted the accused- respondents by extending the benefit of doubt. He also relied upon the postmortem report (Ex. P-13), which recorded the cause of death as asphyxia due to strangulation.