SANDEEP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 18.6.13 passed by the Additional Sessions Judge, Bhadra in Sessions Case No. 22/10, whereby the appellant has been convicted and sentenced for the offences as under : 304B IPC Life imprisonment with fine Rs. 5,000/-; in default to further undergo rigorous imprisonment for one year. 498A IPC Rigorous imprisonment for one year with fine Rs. 1,000/-; in default to further undergo simple imprisonment for one month. 201 IPC Rigorous imprisonment for one year with fine Rs. 1,000/-; in default to further undergone simple imprisonment for one month.

(2.) Precisely, the prosecution case is that on 4.10.10 complainant Prabhu Ram (PW1) submitted a written report (Ex.P1) to the SHO, Police Station, Bhirani stating that his daughter Raj Bala was married to Sandeep resident of Bhangawa on 8.5.09. At the time of marriage, he had given dowry as per his financial status. However, Sandeep, his mother, father Amar Singh, brother-in-law (Jeth) Suresh and Banshilal and sister-in-law (Jethani) Shilo and Sharda were happy with the dowry given and used to torture complainant's daughter for bringing insufficient dowry and raised additional dowry demand of Motor Cycle and Rs. 50,000/- in cash. The factum of demand of dowry was intimated by Raj Bala to his father complainant Prabhu Ram when she came to her home. On this, the complainant accompanied by his family members Karn Singh, maternal uncle Bhoop Singh and uncle Balram went to Bhangwa and tried to convince accused persons to raise demand for dowry, then accused persons told that if their dowry demand is fulfilled, their daughter will have to bear the consequences. Thereupon, the persons accompanied the complainant convinced them that the demand will be fulfilled on any auspicious occasion but the accused persons for fulfillment of their demand at the earliest used to beat complainant's daughter Raj Bala and even did serve meal to her on many occasions. On 3.10.10, Raj Bala informed her mother on telephone that all the accused person subjected her to beating in connection with the dowry demand, they should fulfill their demand else she will be killed by them. On 4.10.10 in the morning, the complainant received a call from Village Bhangwa that the Raj Bala has died. On this, when the complainant alongwith his family members went to Bhangwa then saw that Raja Bala's dead body was lying near diggi (water body) and the injuries were seen on her various parts of the body. According to the complainant, accused persons killed her daughter for fulfilling the demand of dowry.

(3.) On the basis of the written report (Ex.P1) submitted as aforesaid, the police registered an FIR for offence under Sections 498A, 304B IPC and the investigation commenced.