VIKRAM SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 374(2) of the Code of Criminal Procedure (for short, 'Cr PC'), is directed against the judgment and order dated 9.8.2001 of the Additional Sessions Judge, Behror, District Alwar, in Sessions Code No. 21/ 2000, whereby the accused-appellants have been convicted and sentenced as under :

(2.) Briefly stated the relevant facts for disposal of this appeal are that PW1 Sajjan Singh, the father of deceased Sushila, lodged a written report (Exhibit P-1) dated 31.1.2000 at Police Station Behror about the death of his daughter Sushila by her in-laws. It was alleged that his two daughters, namely, Sushila and Kavita were married on 19.11.1999 with Vikram and Arvind, both sons of Rampat, by Caste Ahir, Resident of Mundiakhera, Tehsil Behror. He gave sufficient dowry in the marriage as per his capacity. He had given one Hero Honda Motorcycle, one colour television, one Flour Machine with motor, two bed and also cash of Rs. 1,31,000/-. Her father-in-law, mother-in-law, their daughter and the husband started his daughter harassing by saying that two daughters have been married. Therefore, two motorcycle and two colour televisions should have given in the marriage whereas her father has given only one motorcycle and one colour television. It was further alleged that Rampat, Kailash, Vikram, Arvind, Ajit, Bimla and Maya, all by caste Ahir, residents of Mundiakhera, have killed his daughter by strangulation and threw her dead-body outside the house. On receipt of said information, he went to Mundiakhera with his brother and other relatives and enquired from the local residents of the village, who told that his daughter Sushila has been killed by her in-laws because of less dowry in her marriage and, therefore, he prayed in the report that a legal action may be taken in the matter.

(3.) On the basis of this information, the police registered FIR No. 46/2000 (Exhibit P-2) under Sections 498-A and 304-B, IPC, and started investigation. Site plan (Exhibit P-3) was prepared and post-mortem of dead-body of Sushila was conducted and as per post-mortem report (Exhibit P-40) the medical board opined that the mode of death is asphyxia due to strangulation with fracture dislocation of third cervical vertebra. All the injuries were found to be ante- mortem in nature. After completion of investigation, the police filed charge-sheet against the accused persons under Sections 498-A, 304-B and 201, IPC in the Court of Additional Chief Judicial Magistrate, who committed the case for trial.