RAMESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) has been filed by the accused-appellants against the judgment dated 24. 11. 1984, passed by the learned Sessions Judge, Bharatpur by which he convicted the accused-appellants for the offence under Section 306 I. P. C. and sentenced for three years' R. I. and a fine of Rs. 500/-, in default of which to further undergo six months' imprisonment.

(2.) INSTANT case was initiated against the accused-appellants and two others namely Manhori S/o Hukam Chand and Smt. Triveni. The accused Ramesh Chand is the husband, Manhori and Triveni are the father-in-law and mother-in-law of the deceased, respectively. The prosecution case is that since the time of marriage, the deceased Santo was being harrased, beaten and humiliated on account of dowry. As a result, the deceased being fed-up of the members of the in-laws family, committed suicide.

(3.) THE prime witnesses of the prosecution were Nemichand (PW-1) father of the deceased and Smt. Angoori (PW-2) mother of the deceased. Dinesh (PW-4) was the cousin brother of the deceased. Vagaliram (PW-2) is a railway employee. Dr. Hari Prasad Gupta (PW-5) is the Medical Jurist, who conducted the postmortem report. Shiv Kumar (PW-6), Amarjeet (PW- 7) and Chhiddi Lal (PW- 8) are the independent witnesses, who are the neighbours of the accused persons. Javitri (PW-9) and Saumoti (PW-10) were the residents of village Roopwas but both of them have not supported the prosecution story and as such they had to be declared hostile.