PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by accused-appellant Prakash against the judgment dated 23.8.2002 passed by Additional Sessions Judge (Fast Track), Jalore in Sessions Case No.4/2002 (Old No.1/2002) whereby the accused-appellant was convicted under Section 302 I.P.C. and was sentenced to undergo life imprisonment and to pay a fine of Rs.2000/-; in default of payment of fine to further undergo 2 years rigorous imprisonment and for offence under Section 498-A I.P.C. he was sentenced to undergo 2 years rigorous imprisonment and to pay fine of Rs.500/-; in default of payment of fine to further undergo 6 months rigorous imprisonment. The other co-accused Smt. Tipu was acquitted by the trial court for the offence under Sections 302 and 498-A I.P.C.

(2.) Briefly stated the facts as narrated by the prosecution are that on 24.9.2001, Shanti Lal gave a written report stating therein that his daughter Mamta was married with Prakash S/o Bhanwar Lal, R/o Serna before about six months. In the marriage he has given gold ornaments and other articles of dowry as per his capacity. Mamta remained in her matrimonial house comfortably for three months, but thereafter her mother-in-law Smt. Tipu, father-in-law Bhanwar Lal, brother-in-law Narpat, sister-in-law and sister of Prakash started ill-treating for not bringing proper dowry in the marriage. This was conveyed by Mamta to her mother and father. Mamta before two months when came to her parental house, she was not having any ornaments on her person, about which when enquired to she told that all ornaments have been taken by her mother-in-law and sister-in-law and threatened that unless the new ornaments are given to her, she will not be entitled to return to her matrimonial house. When Prakash husband of Mamta came to bring Mamta then the protest was lodged by them not to ill-treat and harass Mamta. Prakash agreed that he would neither beat nor harass and ill-treat Mamta for dowry in future. But on 20.9.2001 at about night Ghewar Chand telephoned her that Mamta was burned by the members of matrimonial house and she is being taken to Ahemdabad for treatment. On this information, on 21.9.2001, he reached to Civil Hospital, Ahemdabad where he found Mamta in hospital having burns all over body. When he enquired from Mamta, she told that her mother-in-law and husband after pouring kerosene oil burnt her. On this report, a case under Section 498-A I.P.C. was registered by the police, but after death of Mamta on 27.9.2001, the offence under Section 302 I.P.C. was also added on the basis of dying declaration recorded at Ahemdabad.

(3.) But prior to it, on the day of incident i.e. on 20.9.2001, the S.H.O. after receipt of information from hospital, proceeded to hospital and found Mamta in burn condition. He recorded her statement and also gave a requisition to the Executive Magistrate, who in turn also recorded the statement on the same day.