CHHITAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment and order dated 27. 9. 2003 passed by learned Additional District and Sessions Judge (Fast Track) Chhabra, district Baran, in Sessions Case No. 56/2002 whereby the accused appellants have been convicted and sentenced as under:- Chhitar Lal u/s. 302 IPc To suffer imprisonment for life and fine of Rs. 2000/- in default to further suffer 2 years additional rigorous imprisonment. u/s. 498-A IPc 2 years Rigorous Imprisonment with fine of Rs. 500/- in default, 3 months additional rigorous imprisonment. u/s. 201/34 IPc 5 years rigorous imprisonment with fine of Rs. 1000/- in default, 1 year additional rigorous imprisonment. Chotu Lal u/s. 201/34 5 years rigorous imprisonment with fine of Rs. 1000/- in default, one year additional rigorous imprisonment. The substantive sentences were ordered to run concurrently.

(2.) BRIEFLY stated, a written report was handed over to the A. S. I. Police Station Chhipa Barod, Camp at Lisadiya on dated 23. 3. 2001, by Banshi Lal r/o Lisadiya. On the basis of the said report a case under Section 302, 201, 34 IPC was registered. In the report, the informant Banshi Lal stated that his daughter Rami Bai was married in 1986 with Chhitar Lal r/o Gulkheri and her `gauna' was performed in the year 1988. She was given silver and golden ornaments and other house hold articles in the marriage. Inspite of that Chhitar Lal used to beat his daughter and he also demanded a motor cycle in dowry. About two years back, Rami Bai was beaten and she sustained fracture in her hand and had to be hospitalized. So she stayed with her father and refused to go back as she apprehended that she could be put to death if Chhitar Lal was not given motor cycle. After few days she was sent to her in-laws house. She was severely beaten on 18. 3. 2001 by Chhitar Lal and she died at her in-laws house at village Gulkeri. Her body was taken out of the house and was put on fire in the field on mustard straws so that it may look like suicide. Then her funeral was performed at 6 in the following morning without informing her parents.

(3.) THE prosecution has examined as many as six witnesses, all residents of Gulkheri, where the occurrence took place. THEse witnesses namely, (PW. 1) Amar Lal, (PW. 2) Ram Gopal, (PW. 3) Gaja Nand, (PW. 4) Vinod Kumar (PW. 5) Babu Lal and (PW. 6) Dhanna Lal have not supported the prosecution case that they had seen any quarrel between the deceased and the accused Chittar Lal. THEy have also not supported that the deceased Rami Bai was put to death and her dead body was taken to the mustard field and was put on fire so as to show that it was a suicide. All these witnesses have also not supported the facts that there was a demand of motor cycle by the accused appellant from the father of the deceased. All these witnesses have been declared hostile by the prosecution.