GANPAT SINGH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dt. 17.08.2002 passed by the learned Additional Sessions Judge, Nathdwara, whereby, he convicted accused appellants Ganpat Singh and Smt. Sunder Kanwar for offence under Secs. 498A, 201, 304B, 302 read with Sec. 120B and 34 I.P.C. and sentenced each of them as under : Under Sec. 498A I.P.C. Rigorous imprisonment for one year and a fine of Rs. 200.00, in default of payment of fine to further undergo one month's simple imprisonment. Under Sec. 201 I.P.C. Rigorous imprisonment for one year and a fine of Rs. 200.00, in default of payment of fine to further undergo one month's simple imprisonment. Under Sec. 304B I.P.C. Rigorous imprisonment for seven year and a fine of Rs. 500.00, in default of payment of fine to further undergo six month's simple imprisonment. Under Sec. 320B r/w Sections 120B and 34 I.P.C. Imprisonment for life and a fine of Rs. 1000.00, in default of payment of fine to further undergo one year's simple imprisonment.

(2.) All the sentences were ordered to run concurrently. However, the learned Addl. Sessions Judge, Nathdwara acquitted accused Smt. Nihal Kanwar and Smt. Saria Kanwar by the same judgment.

(3.) Facts leading to this appeal are that one Bhopal Singh PW-1 filed a written report Ex.P.l before SHO, Khamnor on 25.10.2001 to the effect that about 4-5 days back, one Lal Singh died and family of the neighbours were at his residence then at about 9 A.M., he heard- cry of ladies at the residence of his younger brother Daulat Singh. He and Mahendra Singh went there and saw that Mangu Kanwar wife of accused appellant Ganpat Singh committed suicide by strangulation, who was married two to three years back. It was staled in the FIR that he does not know that how Mangu Kanwar died. Upon this report, enquiry was made by the Magistrate under Sec. 176 Crimial P.C. and thereafter, a case was registered vide FIR No. 166/2001 under Sec. 304B IPC. After usual investigation, accused Ganpat Singh, Smt. Sunder Kanwar, Smt. Nihla Kanwar and Smt. Sariya Kanwar were charge sheeted under Secs. 302, 304B, 498A, 201, 120B read with Sec. 34 Penal Code and also under Sec. 4 of the Dowry Prohibition Act. The case was committed to the Court of Sessions, where charges were framed against above four accused under Secs. 498 A, 304B, 302 read with Sec. 34, 120B and 201 IPC, to which they pleaded not guilty. Prosecution examined 30 witnesses. Statements of accused were recorded under Sec. 313 Crimial P.C. They produced one Gamhhir Singh DW 1 in defence After hearing the arguments, the learned trial Judge convicted and sentenced the accused appellants as above.