JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated April 25, 2011, learned Additional Sessions Judge (Fast Track) No. 1, Bikaner recorded conviction of appellant Shri Jagdish for an offence punishable under Section 302 Indian Penal Code and awarded sentence to undergo life term imprisonment with fine stipulation. Under the same judgment accused Jagdish, Umaram and Smt. Kesar Devi were acquitted from the charge relating to commission of an offence punishable under Section 304-B Indian Penal Code.

(2.) The facts relevant to adjudicate instant appeal are that one Shri Rajuram submitted a written report on 4.6.2009 at 09:00 AM at Police Station Loonkaransar with assertion that his father died about 19 years earlier, therefore, he and his sister Saraswati were residing with their maternal grand father Shri Surjaram resident of Kapurisar. About three years earlier his sister Saraswati entered into a wedlock with Shri Jagdish son of Umaram, resident of Malkisar Chhota and at the time of marriage a reasonable dowry was given. In the intervening night of 3rd and 4th June, 2009 at about 00:00 hours Shri Surjaram received a telephonic message from Umaram that Saraswati is no more. In morning Rajuram, Dhuraram, Rameshwar, Pannaram, Ramkumar, Malluram and Nanuram came to Malkisar Chhota Dhani, the residence of Umaram, where dead body of Saraswati was lying on floor. They noticed ligature marks and abrasions on neck. Apprehending killing of Saraswati for the demand of dowry the report was submitted.

(3.) On basis of the report aforesaid a case was lodged and a report was filed before the competent court as per provisions of section 173 Code of Criminal Procedure, 1973. After hearing the accused appellant he was charged for an offence punishable under Section 304-B Indian Penal Code and in alternative for commission of an offence punishable under Section 302 Indian Penal Code. Other accused Umaram and Smt. Kesar Devi were charged for commission of offence punishable under Section 304-B Indian Penal Code. On denial of the charge by the accused persons the trial commenced.