DHANNA RAM AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal has been filed by the appellants-accused Dhanna Ram and Kheraj Ram through the jail against the judgment dated 29.4.1995 passed by the learned Addl. Sessions Judge, Barmer in Sessions Case No. 41/93 whereby each of them has been convicted under Sections 304B/34 and 498A/34, I.P.C. and a sentence of 10 years' S.I. and a fine of Rs. 200/- and, in default of payment of fine, one month's S.I. as well as sentence of 2 years' S.I. and a fine of Rs. 100/- and, in default of payment of fine, S.I. of 15 days, respectively was awarded to each accused.

(2.) Briefly stated, the prosecution case is as follows: P.W. lGhansi Ram Tehsildar, Chohtan District Banner forwarded Ex.P. 1 report along with Ex.P. 6 post-mortem report, P.W. 7 report of medical officer, Ex.P 8 site inspection memo Ex.P.9 site plan, Ex.P. 10 inquest report and Ex.Pll panchnama, to the officer-in- charge, Police Station, Sedwa to the effect that in pursuance of Inquest No. 3/93 of Police Station, Sedwa relating to death of Smt. Chooni w/o Kheraj, it was reminded that earlier also vide his office letter No. 692 dated 27.8.93 it was requested that an F.I.R. may be registered against four accused persons named therein and it was again reminded and insisted upon the Officer-in-charge that the following four persons were responsible for the death of Smt. Chooni and, therefore, an F.I.R. be registered and legal action be initiated: 1. Shri Dhanna s/o Likhina Jat, r/o Khambrai 2. Smt. Kami v/o Dhanna Jat, r/b Khambrai 3.ShriThakr s/o Sagra Jat, r/o Bamrla 4. Smt. Lachhi w/o Segra Jat, r/o Bamrla. On receipt of Ex.P. 1 on 22.10.93 at 6 P.M., P.W.5 Daulat Singh, Officer-in-charge, Police Station, Sedwa registered F.I.R. No. 54/93 ( Ex.P.2) under Sections 304B and 201, I.P.C. and started investigation. He also inspected the site and prepared Ex.P. 3 site plan. Both the appellants accused were arrested. As a result of investigation, it was revealed that Smt. Chooni, who was daughter of P.W. 8 Gaina Ram and P.W. 2 Smt. Dami, was married to the appellant Kheraj who is brother of his co- appellant Dhanna Ram. P.W. 4 Khuma Ram, who is son of Gaina Ram, was already married to Smt. Puro who is a sister of appellants but, for quite some time, Smt. Puro had deserted Khuma Ram and was leaving at her parents, house. The marriage of Smt. Chooni was celebrated in the early year of 1993 before Holi. She was brought back on the festival of Holi and was sent back to her inlaws' house with kesa. Again on following "Akshaya Tritiya", Khuma Ram fetched back Smt. Chooni to her parents' house. It was alleged by the parents and the brother of the deceased Smt. Chooni that she was complaining that the appellants and their brothers used to taunt and scold her for not bringing valuable clothes, ornaments etc. as dowry and she used to be physically tortured and harassed. Last time, after 7 & 8 days' of return of Smt. Chooni, as above, appellant Kheraj came to his inlaw's house at the village Bamarli and insisted for sending Smt. Chooni with him. However, Smt. Chooni's parents told him that they would arrange for new clothes etc and would only send her on the assurance of four or more persons so that she is not harassed. Kheraj whet away alone. After 7 & 8 days, both the appellants came to the house of Gaina Ram and tried to take back Smt. Chooni forcibly with them. However, her parents were not agreeable to it. Appellants beat P.Ws. Gaina Ram Smt. Dami and Khuma Ram who unsuccessful attempted to resist and, lastly appellants left with Smt. Chooni. This incident was allegedly reported to the Sedwa Police Station on 3.5.93 where at F.I.R. No. 17/93 under Sections 353/323, I.P.C. was registered. Smt. Chooni was kept in the night at ogala whereat a well and field of the appellants were situate and, in the next night, she was taken to the 'dhanf of Sagra Ram in the village Bamarli itself which is also village of Gaina Ram. It was in the morning of 5.5.93 at 6 a.M., that Smt. Chooni, as alleged, jumped into the well, situate nearby to the dhani and in the field of Sagra Ram, She was taken out alive but due to serious injuries, she succumbed to her injuries. The appellant Dhanna Ram lodged a written report at the said Police Station, to the effect that his brother's appellant Kheraj Ram's wife Smt. Chooni had committed suicide by jumping into a well and Inquest report No. 3/93 was registered and the Tehsildar-cum-Executive Magistrate, Chohtan conducted inquest and, on examination of witnesses and the autopsy conducted, Smt. Chooni was found to have died because of injuries to her left kidney and large intestine, proving to be fatal, so it was found that the deceased was subjected to cruelty as she had not brought enought dowry and hence she had met with her death otherwise than in normal circumstances within 7 years of her marriage. Om completion of investigation, a charge-sheet under Sections 306 and 498A, I.P.C. was presented against the appellant-accused persons, in the court of the then Addl. Munsif & Judicial Magistrate, First Class, Barmer. Since offence under Section 306, I.P.C. is exclusively triable by the Court of Sessions, so, the accused were committed to the court of the learned Addl. Sessions Judge, Barmer for trial.

(3.) In the trial court, initially both the appellant- accused persons were charged with the commission of the offences punishable under Sections 306 and 498A I.P.C. to which each of them pleaded not guilty and claimed to be tried and hence trial was commenced.