HARSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal on behalf of three appellants, namely, (1) Harswaroop S/o Shri Sagar, (2) Sagar S/o Shri Chirmoli and (3) Kela W/o Shri Sagar, is directed against the judgment and order dated 13. 11. 2002 passed by the Additional District & Sessions Judge, Deeg (Bharatpur) in Sessions Case No. 32/1999, whereby the accused-appellants have been convicted under Section 304-B, IPC, to undergo 7 years simple imprisonment.

(2.) BRIEFLY stated the facts of the case are that a written- report dated 16. 12. 1998 (Exhibit P-9) was lodged at the Police Station Kotwali - Deeg by PW-8 Motiram about the death of his daughter Imarti Devi at her matrimonial house under abnormal circumstances. It was mentioned in the report that his daughter Imarti Devi married with Harswaroop in June, 1995, he gave sufficient dowry in her marriage, but her husband Harswaroop, mother-in-law Kela and father-in-law Sagar were not satisfied with the dowry given in the marriage, therefore, they used to harass and assault his daughter. They demanded motorcycle and other silver and gold ornaments but he was unable to give the same. It was also mentioned that about one-and half- year ago Imarti Devi gave birth to a male-child and on the birth-ceremony called 'chhuchhak' a demand of motorcycle, gold chain, ring, silver ornaments and 21 'saaries' were made. But, he shown his inability to send all these articles. It was also mentioned that on 15. 12. 1998 he received a message that his daughter has been killed by her in-laws by setting her on fire by pouring kerosene oil on her body.

(3.) THE learned Public Prosecutor supported the judgment of the trial court and contended that Smt. Imarti Devi died within 7 years of her marriage under abnormal circumstances, and, from the prosecution evidence, it is clear that demand of dowry, which was made at the time of marriage, continued till the date of her death and the deceased was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, demand of dowry, and the trial court rightly convicted the accused-appellants. THErefore, there is no merit in this appeal and the same be dismissed.