DINESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DINESH, Kamlesh and Ramwati, the appellants herein, were put to trial before learned Additional Sessions Judge (Fast Track) Hindaun City District Karauli, who vide judgment dated November 29, 2002 convicted each of them under section 304b IPC and sentenced them to undergo rigorous imprisonment for ten years.

(2.) THE informant Ashok Kumar (Pw. 10) submitted a written report at Police Station Hindaun City on October 29, 1994 with the averments that his sister Beena (since deceased) was married to appellant Dinesh on November 25, 1987. Soon after the marriage the appellants started harassing Beena in connection with the demand of dowry and ultimately murdered her on October 27, 1994. It also appears from record that prior to filing of the report by Ashok Kumar, proceedings under section 174 Crpc were instituted on the report lodged by appellant Dinesh on October 28, 1994. After usual investigation the police arrived at the conclusion that it was dowry death and charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Hindaun City. Charge under section 304b IPC was framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 10 witnesses. In the explanation under Sec. 313 Crpc, the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) CONSIDERING the definition of dowry their Lordships of Supreme Court in Reema Aggarwal vs. Anupam (2004)3 SCC 199, indicated thus:- (Para 14) "the definition of the term "dowry" under Section 2 of the Dowry Act shows that any property or valuable security given or "agreed to be given" either directly or indirectly by one party to the marriage to the other party to the marriage "at or before or after the marriage" as a "consideration for the marriage of the said parties" would become "dowry" punishable under the Dowry Act. Property or valuable security so as to constitute "dowry" within the meaning of the Dowry Act must, therefore, be given or demanded "as consideration for the marriage".