ARJUN RAM AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 27.3.1992, S.H.O., Police Station, Khuhadi, who was on routine checking on the activities of Smuggler, happens to visit Bhilon Ki Mali where at an oral report dictated by Smt. Chhagni was taken down by him. The same sent to Police Station, Jaisalmer having jurisdiction resulted in the conviction of accused after trial by the Sessions Judge, Jaisalmer, who convicted and sentenced to Arjun Ram, Peera Ram and Smt. Ashi for the offence under Section 304-B I.P.C. to undergo the life imprisonment. The said accused-persons have preferred this appeal.

(2.) Brief facts as narrated by the prosecution are that Chokha Ram, S.H.O., Police Station Khuhadi, who was on routine checking, when reached to Bhilon Ki Mali, received an information from Chuhad Ram about the seriousness of his daughter. At the residence of Chuhad Ram, an oral information was given to the S.H.O. Chokha Ram by Smt. Chhagni, who stated inter-alia that she was married to Arjun Ram S/o Teja Ram, R/o Jaisalmer before four years. After the marriage, her husband Arjun Ram, mother-in-law Smt. Ashi, father-in-law Teja Ram, sister-in-law Sajni and younger brother of husband Peera Ram used to harass her for not bringing proper dowry as her father has not given sufficient brass metal and because of that demand they used to give him beating and harassment. They used to say that she is not educated, so they would not keep her as wife of Arjun Ram. The protest of said action of the accused-persons was lodged by her father and mother, but they kept on beating her. Peera Ram gave beating from handle of spade on her head. All used to beat her in close room, by which she received head injury and two teeth were broken. She received injury on the back portion of her person and on the head. She was given burn injury by hot iron rod (Dab) on buttocks and on internal part of body. She was not given proper food and she has been dropped at her parental house by Arjun Ram along with Amba Ram and 4-5 other persons in a jeep. The dowry given by her father is lying with the accused-persons. This report was taken down at 1.00 p.m. and sent to Police Station, Jaisalmer which was received at about 5.30 p.m.

(3.) The injured Smt. Chhagni was admitted in hospital on the same day and she died about 5.55 p.m. Initially, the case was registered under Sections 498- A, 342 and 323 I.P.C., but after death of Smt. Chhagni, Section 304-B I.P.C. was also added. The challan was filed against Arjun Ram, Teja Ram, Peera Ram, Smt. Ashi and Smt. Chhagni for the commission of the said offences.