KISHNA RAM SON OF SH. SHERA RAM, BY CASTE JAT, RESIDENT OF VILLAGE GODRAS, TEHSIL DIDWANA, DISTRICT NAGAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This instant cr. appeal has been filed by the complainant-appellant Kishna Ram under Sec. 372(2) Crimial P.C. against the judgment dated 20.6.2016 passed by the learned Addl. Sessions Judge, Didwana, District Nagaur in Sessions Case No.27/2006 (CIS No.28/2014) whereby the learned trial court acquitted the respondents nos.2 to 5 from the charge under Sec. 498A, 304B and 302/34 Penal Code while giving benefit of doubt.

(2.) As per brief facts of the case, a complaint was filed by the complainant before the Judicial Magistrate, Deedwana, District Nagaur under Sec. 156(3) of Crimial P.C. on 21.3.2005 alleging therein that marriage of his two daughters Bhanwari and Sanju were solemnized with two real brothers Sharwan Ram and Nanu Ram, both sons of Hema Ram resident of village Koliya before 6-7 years ago. After some time of marriage, the elder daughter of complainant Smt. Bhanwari came back and said that her in-laws are not good because they are harassing me and complaining that less dowry has been given in the marriage by your parents. It is also stated in the complaint that all efforts were made to satisfy the in-laws not to harass his daughter Bhanwari, but repeatedly she was making complaint about behaviour of her in-laws and her husband. As per complaint on 31.1.2005 in the morning a phone call was received by the complainant from Sharwan Ram, husband of Bhanwar, who is working in the Army that Bhanwari may be sent to village Koliya for casting her vote in Panchayat Election. On 1.2.2005 the driver Bajrang and younger brother-in-law, Govind came to bring Bhanwari for casting vote but Bhanwari was not interested to go with them, the complainant after satisfying her, sent Bhanwari to her in-laws house.

(3.) After election on 4.2.2005, the driver Bajrang Jat met the mother-in-law of Bhanwar and made request to her to send Bhanwari back to the complainant's house, but she refused. As per allegation on 5.2.2005 Bhanwari died at in-laws house due to fire, but no information was given immediately and in the evening at 7'O Clock she was taken to the Government Hospital, Deedwana and at 9'O Clock, the mother of Bhanwari was called by the in-laws in the Hospital. In the hospital, there was crowd when Bhanwari saw her mother, started crying, upon inquiry by her mother, it is stated by her that she will narrate the incident in isolation. All the persons standing there were directed to go out from the room, the mother of Bhanwari and one compounder were allowed to stand in the room. As per prosecution case, Bhanwari informed to her mother in presence of compounder that his father-in-law catch hold her hands and mother-in-law poured kerosene and sister-in-law Rekha and brother-in-law Nanu, lit fire upon her. Due to seriousness of condition, Bhanwari was shifted from the Government Hospital Deedwana to Jaipur for further treatment.