HARKA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment dated 02.07.2002, passed by the Additional District & Sessions Judge No.2, Jodhpur, whereby accused-appellant Harkaram has been sentenced under Section 307, IPC, to five years' Rigorous Imprisonment and a fine of Rs.10,000/-, in default of payment of fine to further undergo 1 year's Rigorous Imprisonment; under Section 324, IPC, 1 year"s Rigorous Imprisonment and a fine of Rs.2,000/- and in default of payment of fine to further suffer 3 months' Rigorous Imprisonment; and under Section 498-A, IPC, 1 year's Rigorous Imprisonment and a fine of Rs.5,000/-, in default of payment fo fine to further undergo 3 months' Rigorous Imprisonment. All the sentences were directed to run concurrently. It has also been ordered by the learned Additional District & Sessions Judge, Jodhpur that under Section 357, Cr.P.C., out of the amount of fine imposed on the accused Harkaram, a sum of Rs.15,000/- may be paid to Smt.Munki as compensation.

(2.) Brief facts, giving rise to the instant criminal appeal, are that on 6.09.1998, Mangilal lodged a report (Ex.P-2) with the Police Station, Dechu (Jodhpur) that four years ago, his daughter Smt.Munki was married to Harkaram s/o. Gurubachan Ram, by caste Mali, R/o. Kallau Rela, Tehsil Shergarh. The 'Gona' of Smt.Munki was performed after one year of the marriage. It is further alleged in the report (Ex.P-2) that the date of birth of his daughter Smt.Munki is 01.01.1979 and she is about 21 years old. She has studied upto Class V. After performing 'Gona' and sending to her in-laws' house, a female issue was born out of the wedlock. Thereafter, his son-in-law started to harass and beat his daughter. The reason for beating was that why she talks with her Jethani (elder brother's wife of accused-appellant Harkaram).

(3.) The beating and harassment continued. It was also averred in the report (Ex.P-2) that about two months ago from the date of lodging the aforesaid report, i.e., 16.09.1998, when his son-inlaw gave beating to his daughter, he brought her to village Bagoria. Thereafter, when the father-in-law and uncle-in-law of his daughter came to take her, a protest, with regard to illtreatment being given to his daughter by her husband Harkaram, was lodged to them, but they expressed their inability to make Harkaram understand. It was also averred in the complaint that on 17.08.1998, Mangilal took his daughter Smt.Munki to her in-laws' house and again lodged a protest with the father-in-law and uncle-in-law of Smt.Munki with regard to unnecessary beating being given to his daughter Smt.Munki by her husband Harka Ram. Then they assured him that now, they will look after the matter and Smt.Munki will not be given any beating by her husband Harkaram. Thereafter, he returned to village Bagoria. On 15.09.1998, at 1.00 P.M., one Kotharam Jeth of Smt.Munki (victim) came to Mangilal Bhati (the father of victim) and informed about the ill health of Smt.Munki. He also informed that Smt.Munki is hospitalised in Jodhpur. Then, he immediately rushed to the Hospital and found that his daughter Smt. Munki was admitted in the Emergency Ward. His daughter Smt.Munki told him that at her in-laws' house, she was given beating and was administered medicine in a glass. Thereafter, she became unconscious. When he enquired about the 'medicine', her Jeth told that he does not know as to which was the 'medicine', but he has thrown away the glass by which medicine was given. He also pleaded ignorance whether the 'medicine' was administered or she (Smt.Munki) took herself it.