RANDHIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in these appeals is to the judgment dated 11.11.2005 of the learned Special Judge Woman Atrocities and Dowry Cases Jaipur City and District, whereby the appellants, two in number were convicted and sentenced as under:-

(2.) It is the prosecution case that on 30.5.2004 informant Arjun Singh (PW-10) submitted a written report (Ex.P-9) at Police Station Malviya Nagar Jaipur to the effect that his daughter Savita, who married to Randhir Singh on 11.5.2003, was subjected to harassment in connection with demand of dowry by her husband and in-laws. On 28.5.2004 he was informed that Savita received burn injuries. The informant reached Jaipur on 30.5.2004 and found Savita dead. On that report a case was registered under Sections 304B and 498-A I.P.C. and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge Woman Atrocities and Dowry Cases Jaipur District Jaipur. Charges under Sections 304-B and 498-A I.P.C. were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 13 witnesses. In the explanation under Section 313 Cr.P.C., the appellants claimed innocence. Three witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) In order to establish that death of Savita occurred under abnormal circumstances the prosecution examined Dr. Sumant Dutta (PW-12) who conducted autopsy on the dead body. As per post mortem report (Ex.P-1) the cause of death was shock as a result of ante mortem dry flame burns. According to Post Mortem Report (Ex.P-12) there were II to III degree of burn with blackening of skin signing of hairs and whole body burnt.