STATE OF RAJASTHAN Vs. NAWAL SINGH

JUDGEMENT

(1.) NAVAL Singh and Bhagwan Singh, appellants herein, along with co-accused Smt. Prem Bai, were put to trial before learned Additional Sessions Judge (Fast Track) No. 2 Dholpur, who vide judgment dated October 20, 2003 while acquitting co-accused Prem Bai, convicted and sentenced the appellants as under:- U/s. 498a IPC: Both to suffer simple imprisonment for two years and fine of Rs. 100/-, in default to further suffer fifteen days imprisonment. U/s. 304-B IPC: Both to suffer imprisonment for ten years. Sentences were ordered to run concurrently. Being aggrieved by the aforesaid finding instant appeals have been preferred.

(2.) IT is the prosecution case that on December 7, 2000 the informant Suraj Pal (Pw. 15) submitted a written report (Ex. P-7) to SHO Police Station Kolari in connection with the death of his married daughter Mangli in abnormal circumstances on December 6, 2000. IT was stated in the report that Mangli was married to Naval Singh on April 28, 1998 and she was subjected to cruelty in connection with demand of dowry. On that report case was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2, Dholpur. Charges under sections 498a, 304b in the alternative 302 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Sec. 313 Crpc, the accused claimed innocence. Two witnesses in support of defence were examined. Learned trial Judge on hearing final submissions while acquitting co-accused convicted and sentenced the appellants as indicated herein above.

(3.) THE expression `dowry' is defined by Section 2 of the Dowry Prohibition Act,1961 (for short `the Act'), as meaning anything which is given either directly or indirectly, by one party to a marriage to the other party to the marriage or by the parents of either party to a marriage or by any other person to either party to the marriage or to any other person" at or before or after the marriage as consideration for the marriage of the said parties. THE act has been amended by Act 63 of 1984 and Act 43 of 1986. Formerly dowry was defined as property given as consideration for the marriage but the words "as consideration for the marriage" have been omitted and substituted by the words "in connection with the marriage". Now dowry means any property given or agreed to be given by the parents of a party to the marriage at marriage or before marriage or at any time after marriage in connection with the marriage.