NENI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants against the judgment dated 30-11-1987 passed by the Additional Sessions Judge No. 1, Jodhpur whereby he has convicted and sentenced both the accused-appellants as under :- U/S. 306.I.P.C. - Sentenced to 4 years' R.I. and a fine of Rs. 500/- in default whereof to further undergo two months' R.I. U/S. 201, I.P.C. - Sentenced to 1 year's R.I. and a fine of Rs. 250/-, in default whereof to further undergo one month's S.I. All the aforementioned sentences were ordered to run concurrently.

(2.) A written report was lodged by one Khetidas at Police Station, Phalodi district Jodhpur on 27-11 -1983 alleging therein that he received an information on telephone at about 4.30 p.m. that his daughter Sua, aged 19 years who was married to the son of Nagarji, resident of Phalodi has expired and her dead body has also been cremated also. It was informed that she died at 9.30 a.m. on that day. It was alleged that mother-in-law of her daughter intentionally committed her murder and her father-in-law was also suspected to be responsible for the alleged death. The information of her daughter was neither given to the police nor to the complainant. As and when deceased-Mst. Sua came to her parental house, she used to complain about the ill-treatment meted out by her mother-in-law and sometime her mother-in-law also beat her. It was stated by the complainant that her daughter had no ailment. It, therefore, requested that action be taken immediately to arrest the guilty. On the basis of such written report, a regular F.I.R. was registered for offences under Ss. 302 and 201, I.P.C. and investigation commenced. The police after completion of investigation filed challan against the accused-appellant for offences u/Ss. 306 and 201, I.P.C. The trial Court at the conclusion of the trial convicted both the accused-appellants for offences u/Ss.,306 and 201, I.P.C. and sentenced them in the manner indicated above.

(3.) I have heard Mr. P. R. Choudhary learned counsel for the appellants and Mr. Rameshwar Dave, learned Public Prosecutor for the State as well as Mr. P. N. Mohnani, for the complainant.