BAJRANG LAL Vs. STATE

JUDGEMENT

(1.) Accused-appellant has preferred this criminal appeal under Section 374(2) Cr.P.C. to assail impugned judgment dated 30 th of June, 2014, passed by Addl. Sessions Judge, No.1, Sri Ganganagar (for short, 'learned trial Court'), whereby learned trial Court by giving benefit of doubt acquitted him for offence under Section 302 IPC but convicted for offence under Section 304-B IPC and handed down sentence of ten years' rigorous imprisonment.

(2.) In brief, facts of the case are that complainant Krishanlal submitted a report at Police Station Ghamurwali stating, inter-alia, that his daughter Indra Devi, who was married with accused- appellant Bajrang alias Chimnaram five years back, was harassed by in-laws and was probably hanged to death on 09.10.2010. It was alleged that the accused-appellant was demanding ring and had given threatening to his son also. The complainant also averred in the complaint that before they reached to the spot or the police could reach, body of his daughter was taken down from strangulation noose without congregating villagers. On the basis of said report, FIR No.140/2010 was registered for offence under Section 304-B , 498-A IPC.

(3.) After investigation, police filed charge-sheet against accused appellant for offence under Section 302 IPC before learned Judicial Magistrate, First Class, Padampur from where the case was committed to the Court of learned Special Sessions Judge (Women Atrocity & Dowry Cases), Sri Ganganagar and then transferred to learned trial Court. The learned trial Court, took cognizance and framed charge against accused-appellant for offence under Section 302 , in alternate 304-B IPC . On denial of charge, accused-appellant was put on trial.