KAMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Additional District & Sessions Judge No. 1 (Fast Track) Kota, vide impugned judgment and order dated 30th January, 2002, in Sessions Case No. 84/2001, convicted and sentenced the accused-appellant under Section 304-B, IPC, to undergo 7 years rigorous imprisonment.

(2.) BRIEFLY stated the facts of the case are that initially PW-1 Amar Dhwaj Singh, father of deceased Usha, lodged a written- report on 7. 8. 2000 at 9. 50 AM at Police Station Udyog Nagar, Kota, wherein it was written that about one-and-half year ago he got his daughter Usha married with Raj Bahadur Singh. His daughter died in a suspicious circumstance at her matrimonial house. She is hanged on fan in her room. The S. H. O. registered the report under Section 176, Cr. P. C. , and forwarded it to the Additional District Magistrate for enquiry. The postmortem of deceased Usha was conducted on the same day wherein it was opined that her death has been due to asphyxia as a result of antemortem hanging.

(3.) THE learned counsel for the accused-appellant further contended that in Exhibit P-4 an allegation was also made against deceased Usha's sister-in-law Rakhi Devi, but the police, during investigation of the case, found the said allegation false and did not file challan against her. THErefore, the allegations of complainant were found to be false partly by the police itself and the trial court, after appreciation of prosecution evidence, on the same set of evidence, acquitted coaccused Rai Bahadur, and convicted the present appellant, which is per-se illegal and the appellant is liable to be acquitted.