ASHOK SINGH KANDERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-appellant Ashok Singh against the judgement dated 21.10.2016 passed by Additional District and Sessions Judge, Women Atrocities Cases No.1, Jaipur Metropolitan, Jaipur in Sessions Case No.134/2011, whereby he has been convicted for offence u/s.302 IPC and sentenced to life imprisonment with a fine of Rs.3,00,000, in default whereof to further undergo rigorous imprisonment of six months.

(2.) Brief facts of the case are that the complainant-Prabhu Dayal (PW2) lodged a First Information Report (Ex.P1) at Police Station Malviya Nagar, Jaipur (East) and submitted that his youngest daughter Usha was married with the appellant on 12.05.2011 in 'Samoohik Vivah Sammelan' at Dausa. It has been further alleged that after five days of marriage, the appellant and his father demanded a sum of Rs. 50,000/- for investing in business and further alleged that they used to demand the amount from the complainant, which was fulfilled by the complainant. Even then, they used to beat her. It was further alleged that in morning on 26.06.2011 when he made phone call to his daughter, then they disconnected the phone and did not allow Usha to talk with him. After some time, he received a call from his daughter, who told him that either fulfill their demand, or else, take her from there, or else they would kill her. It was further alleged that in the night he received call from Harish, the elder brother of the accused appellant that his daughter is seriously ill and asked him to come immediately to Jaipur. Since there was no arrangement of vehicle in the night, he reached the house of the appellant in morning but by then, she was not alive. He was not allowed to see her dead body, but the person who saw the dead body told him that she was murdered by slitting her neck.

(3.) The police on the basis of aforesaid written report, registered First Information Report No.373/2011 for offence under Section 304-B IPC. After completion of investigation the police submitted charge-sheet under Sections 302 and 304-B IPC before the court of learned Additional Chief Metropolitan Magistrate, No.12, Jaipur Metropolitan, Jaipur. Thereafter, the learned trial court committed the case to the learned District and Sessions Judge, Jaipur Metropolitan, Jaipur and after that, the case was transferred to the trial court for hearing of the case. The learned trial court framed charges against the appellant for the offence under Sections 302 and alternatively u/s.304-B IPC. The accused-appellant denied the charges and claimed to be tried. The prosecution examined as many as 36 witnesses and exhibited 30 documents. The accused appellant was examined under Section 313 Cr.P.C., in which he alleged false implication. The accused in defence produced two witnesses. The learned trial court after hearing the parties vide judgment dated 21.10.2016 acquitted the accused-appellant for the offence under Section 304-B IPC, however, convicted him for offence under Section 302 IPC. Hence this appeal.