STATE OF RAJASTHAN Vs. TAR SINGH AND OTHERS

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant-State against the judgment dated 04.04.1996 passed by District and Sessions Judge, Jaisalmer (hereinafter referred to as 'the trial court') in Criminal Case No.38/1993, whereby the trial court has acquitted the accused respondents for the offences punishable under Sections 304B, 202 and 201 I.P.C.

(2.) Brief facts of the case are that on 28.03.1993, PW-5 Pahad Singh S/o Khangar Singh submitted a typed report to the Superintendent of Police, Jaisalmer, which was referred to the SHO, Police Station, Jhinjhniyali, District Jaisalmer and on the basis of the same, FIR No.13/1993 was registered against the accused persons for the offences punishable under Sections 304B, 498A I.P.C. After thorough investigation, the police had filed charge-sheet against the accused respondent No.1-Tar Singh for the offences punishable under Sections 304B and 498A I.P.C., however, the trial court had framed charges against accused respondent No.1- Tar Singh and respondent No.2-Bher Singh for the offences punishable under Sections 304B, 202 and 201 I.P.C. and framed charges for the offences punishable under Sections 202 I.P.C. against remaining accused respondents.

(3.) It is notied that PW-5 Pahad Singh in his complaint has stated that his sister-Leela was married to accused respondent No.1-Tar Singh S/o Bher Singh on Akhateej of Sanwat years 2048 and the daughter of uncle of respondent No.1-Tar Singh was engaged with him. It is further stated that the accused persons Tar Singh, Bher Singh and mother-in-law of his sister-Leela were annoyed due to less dowry, given to them. It is alleged that in-laws of his sister were regularly harassing her for less dowry and also threatened to break the engagement of him with the cousin sister of accused Tar Singh. He has further stated that before some time the in-laws of her sister sent her to his father's house and, thereafter, came to take back her and assureed that they would not harass her. It is alleged that on 16.02.1993, Bher Singh, his wife, Renwat Singh, Kishan Singh, Renwat Singh's wife, Aamb Singh's wife and accused Tar Singh killed his sister by strangulating her. It is stated in the complaint that Ex-Sarpanch Gemar Singh of village Lakha advised the in-laws of his sister to cremate her bead body after the murder. It is further stated in the complainant that after knowing the fact about death of his sister, he sent his uncle Arjun Singh to village Lakha to enquire about the same, where the Ex-Sarpanch Gemar Singh told Arjun Singh that inlaws of his sister-Leela killed her. It is further mentioned in the complaint that the accused persons killed his sister-Leela for the dowry by strangulating her.