DAULAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DAULAT Ram, appellant herein, was put to trial on the allegations of committing 'dowry death' of his wife before learned Additional Sessions judge (Fast Track) Tonk, who vide judgment dated November 7,2003 convicted and sentenced him as under: u/s 304b IPC: to suffer rigorous imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months. U/s 498a IPC: to suffer rigorous imprisonment for two years and fine of Rs. 100/- in default to further suffer simple imprisonment for three months. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on March 7, 2003 at 1. 30 p. m. informant Prakash khatri (PW9) submitted a written report (Ex. P14) at police station Deoli District tonk to the effect that his sister parmeshwari, who married to Daulat kumar on June 29, 2001, was subjected to harassment in connection with demand of dowry by her husband and in-laws. In the morning of said day (March 7, 2003) the informant was telephonically informed by father-in-law of Parmeshwary that she had heart attack and died. Informant and his family members rushed to Deoli and saw the dead body of Parmeshwary. There were ligature marks over her neck. The informant suspected that Parmeshwari was killed by her husband and in-laws. On that report a case was registered under Sections 304b and 498a IPC and investigation commenced. Dead body was subjected to autopsy. necessary memos were drawn, statements of witnesses were recorded, appellant was 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 (Fast Track)Tonk. Charges under Sections 304b and 498a IPC were framed against the appellant, 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 appellant claimed innocence. One witness in support of defence was examined. Learned trial judge on hearing final submissions convicted and sentenced the appellant as indicated hereinabove.

(3.) IN order to establish that death of parmeshwari occurred under abnormal circumstances the prosecution examined Dr. Subhash Kholia (PW1) who conducted autopsy on the deadbody. As per post-mortem report (Ex. P1) the cause of death was asphyxia as a result of strangulation. Ligature mark of 18cm. long and 1cm. in width extending from Rt. angle of Mandible encircling the neck low down thyroid cartilage upto mid line of left back of neck, was present. According to Dr. Subhash Kholia, the death could not be the result of hanging. In regard to demand of dowry soon before the death of Parmeshwari, the prosecution adduced the evidence of Lal Chand (PW7), Thawardas (PW8) and Prakash chandra (PW9 ). Lal Chand (PW 7) in his deposition stated that he saw brother-in-law (Behnoi) of Parmeshwari just before 5-6 months of her death, he received her phone call wherein she stated that her husband wanted to go to Dubai and for that purpose she needed a sum of Rs. 20,000/ -. Again prior to 3-4 days of her death he received her phone wherein she repeated the same demand and stated that she was being harassed by Daulat Ram. Prakash Chandra (PW9), brother of deceased, deposed that parmeshwari visited his house prior to her death and told him that her husband used to torture her for the demand of money. Thawar Das (PW8) deposed that Prakash received telephonic call of Daulat, in his presence wherein Daulat Ram demanded a sum of Rs. 20,000/- from Prakash Chandra.