KUNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has challenged the legality of the judgment rendered by Additional Sessions Judge (Fast Track) No.1, Jodhpur in Sessions Case No.80/2009 State v. Kuna Ram decided on 15.5.2010 and awarding conviction under Section 304-B of I.P.C. for life imprisonment with a fine of Rs.10,000/- and further to undergo simple imprisonment for six months in default of payment of fine and sentencing to undergo 3 year's simple imprisonment with a fine of Rs.10,000/- and further to undergo 6 month's simple imprisonment in default of payment of fine under Section 498A of I.P.C.

(2.) The prosecution version in brief is as follows.

(3.) Advancing the arguments, learned counsel for the appellant-accused has contended that basic ingredients to constitute offence under Section 304B of Indian Penal Code does not exist, since there is no evidence with respect to demand of dowry, soon before the alleged crime, the learned trial Court has just discussed the evidence without any reasoning and evaluation. Quoting contents of evidence of several prosecution witnesses, learned counsel has submitted that none of the witness ever stated accusation of the demand of dowry, soon before the alleged offence. Referring to the morgue proceedings conducted under Section 174 of Cr.P.C., learned counsel has pointed out that PW-6 Smt. Manju Devi has asserted that fact of demand of dowry was not communicated to the Executive Magistrate conducting enquiry into the cause of unnatural death. Learned counsel for the appellant placing reliance on the following precedents: