SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TALE of grief of Manju ended with her death. Her husband and two Devars (brothers of husband), appellants herein, were put to trial before the learned Additional Sessions Judge (Fast Track) Bandikui for having committed murder of Manju. Learned Judge vide judgment dated April 21, 2003 convicted and sentenced them as under:- Under Section 302 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for six months. Under Section 201 IPC: Each to suffer simple imprisonment for three years and fine of Rs. 100/-, in default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently. FACTS:

(2.) A written report (Ex. P-7) was lodged at Police Station Bandikui at the instance of Ramesh Chand (Pw. 4) on August 25, 2001. It was inter alia stated in the report by him that his daughter Manju was married to Dinesh some ten years back. She used to be harassed and beaten in connection with the demand of dowry. The informant somehow arranged a buffalo for them but their greed did not come to halt. On August 24, 2001 around 3-4 PM Suresh and Dinesh came to the house of informant and asked him to accompany them to their house to pacify Manju who was quarreling constantly. The informant accompanied Suresh on his motor cycle to his house and found Manju dead. The informant saw injuries on her person. The informant was threatened by the inlaws of Manju and he was allowed to leave the house only after the funeral of deceased Manju. On that report a case under Sections 302 and 201 IPC was registered and investigation commenced. Statements of witnesses got recorded, necessary memos were drawn, 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 (Fast Track) Bandikui. Charges under Sections 498a, 302 alternatively 302/34 and 201 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 9 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Three witnesses were examined in defence. The learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above. SUBMISSIONS CANVASSED:

(3.) FACTUAL situation emerges from material on record may be summarised thus:- (i) As per FIR Dinesh and Suresh came to the father of Manju to apprise him that Manju was constantly quarreling. (ii) Informant Ramesh Chand (father of Manju) accompanied Dinesh and Suresh to their house and found Manju dead. Ramesh Chand participated in funeral. (iii) Investigating Officer found packet of Aluminium Phosphate Salphose lying at the place of incident. (iv) Tara (Pw. 5), real sister of Manju, deposed that Dinesh, Suresh and Vijendra forcibly administered poison to Manju.