DHANNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction recorded by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases), Jodhpur, convicting the appellants u/ss 306, and 498A I.P.C. and sentencing each of them to seven years rigorous imprisonment and a fine of Rs. 2,000/- each under Section 306 and simple imprisonment for three years and a fine of Rs. 2,000/- under Section 498A, in Sessions Case No. 14/93, on 17.9.1994.

(2.) The prosecution story, stated in brief, is that Sita, w/o Dhanna Ram committed suicide. It was alleged that she was driven to suicide by her husband father-in-law and mother-in-law, as she was issueless for the fifteen years of her married life. The prosecution has examined 12 witnesses in support of the case that the suicide was abetted by the accused persons. Seven witnesses were examined on behalf of the defence. On appreciation of the entire evidence on record, the learned Judge came to the conclusion that the accused were guilty of abetment as contemplated by Section 306 of the Indian Penal Code and, therefore, proceeded to convict the accused as aforesaid.

(3.) Arguing the appeal on behalf of the accused, Mr. S.R. Bajwa, learned counsel, submitted that the conviction u/s 306 of the Penal Code is unsustainable in law. It is submitted that there is no evidence on record to prove the offence u/s 498A of the Penal Code. It is the contention of the learned counsel that there is no proximity or close relationship between the death and ill- treatment.