SANTI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Shanti Devi, Radhey Shyam and Mano] Kumar, the appellants herein, were put to trial before learned Additional Sessions Judge No. 2, Sikar, who vide judgment dated January 9, 2002 convicted and sentenced them as under :- U/s 304B IPC -. Each to undergo rigorous Imprisonment for seven years. U/s 498A IPC : Each to undergo two years rigorous imprisonment and fine of Rs. 1000/- in default fifteen days simple Imprisonment. The substantive sentences were ordered to run concurrently.

(2.) The informant Prakash (PW.8) submitted a written report at Police Station Sadar Sikar on April 10, 1998 with the averments that his daughter Laxmi @ Parmila (since deceased) was married to Manoj (first appellant) on June 22, 1997. On April 9, 1998 Radhey Shyam Sharma (second appellant) informed him that Laxmi was burnt while cooking food and declared dead in the hospital. On that report proceedings under section 174 CrPC were initiated by Sub Divisional Magistrate. Dead body was subjected to autopsy. Statements of Prakash were recorded wherein Prakash stated that his daughter died accidentally. However Prakash thereafter took U-turn and filed a complaint in the court of Judicial Magistrate stating therein that the appellants caused dowry death to his daughter. The complaint was sent for investigation under section 156(3) CrPC to Police Station Sadar Sikar where case under section 304B and 498A, IPC was registered and investigation commenced. After usual investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No.2 Sikar, Charges under sections 304B and 498A, IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 11 witnesses. In the explanation under Sec. 313 CrPC, the appellants claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated hereinabove.

(3.) I have heard learned counsel for the parties and with their assistance weighed the material on record.