BHAGWAN SAHAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IT is said that truth is a shining goddess, always veiled, always distant, never wholly approachable, but worthy of all the devotion of which the human spirit is capable. Truth in the instant case is also veiled and we have to unveil it. The allegation against appellant is that he treated his wife cruelly and throttled her to death. Appellant was put to trial before the learned Additional Sessions Judge Shahpura (Jaipur), who vide judgment dated October 113, 2004 convicted and sentenced the appellant as under:- u/s. 302 IPC: To undergo imprisonment for life and fine of Rs. 500/- in default to further suffer two months simple imprisonment. u/s. 498-A IPC: To undergo three years rigorous imprisonment and fine of Rs. 2000/- in default to further suffer six months simple imprisonment. The substantive sentences were ordered to run concurrently.

(2.) AS per the prosecution story a written report (Ex. P. 1) was handed over at Police Station Kotputli District Jaipur by informant Hanuman Sahai on October 4, 2002 with the averments that his daughter Munni Devi (since deceased) was married eight years back to Bhagwan Sahai (appellant ). Lot of dowry articles and cash were given in the marriage, but after the marriage Bhagwan Sahai and his family members started harassing Munni Devi in connection with the demand of dowry. Despite fulfilling their demand time and again their greed for dowry did not come to an end and they used to pester Munni Devi. She revealed entire unsavory situation to her sister when she met her at Kotputli. She at that time started crying as she had apprehension that they would kill her. On September 29, 2002 informant received a telephonic call from Satish that Munni Devi was hospitalised because of electric shock. Son of informant went to kotputli and found that Munni Devi was removed to Jaipur where she expired. There were strangulation marks on her neck. On the basis of report a case under sections 147, 498a, 304 B and 201 IPC was registered and investigation commenced. Statements witnesses got recorded, necessary memos were, 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 Shahpura (Jaipur ). Charges under sections 302, 302/34, 201 and 498a IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. The learned trial Judge on hearing final submissions while acquitting co-accused persons convicted and sentenced the appellant as indicated herein above.

(3.) IN the autopsy report of deceased cerotid arteries, internal coats were not found ruptured. Fracture of the larynx and trachea was also not found. Scratches, abrasions and fingernail marks on the face, neck and other parts of the body were not found present. IN view of these symptoms it could not definitely opined that death was caused by manual strangulations. Dr. Sumant Dutta (PW. 16) in his cross examination deposed thus:- *** On external examination of neck one ligature mark of noose was found ). Dr. Sumant Dutta further stated thus:- *** (This case could be possible by partial hanging ). IN view of the above statements of Dr. Sumant Dutta, the possibility that Munni Devi committed suicide by handing herself cannot be ruled out.