HARDUTT SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellants to challenge the judgment dated 09/11/2012 passed by the Additional Sessions Judge, Bhadra, Hanumangarh in Sessions Case No. 09/2011, whereby the appellants have been convicted for the offence under Section 304-B IPC and sentenced for life imprisonment with a fine of Rs. 5000/- each, in default of payment of fine, further to undergo one year rigorous imprisonment and for the offence under Section 498-A of IPC, sentenced for one year rigorous imprisonment and a fine of Rs. 1000/-, in default of payment of fine, further to undergo one month rigorous imprisonment.

(2.) During the pendency of the present appeal, the appellant No.3(Mahendra Singh) has died, therefore, the appeal qua him stands abated.

(3.) In short the prosecution story starts from the lodging of the complaint (Ex.P.1) on 06/04/2011 by PW.1 Amar Singh who is the father of the deceased Manju to SHO Police Station Bhadra. He stated that his daughter Manju was married to Hardutt S/o Mahendra Jat, R/o Bhanai on 09/07/2008. On the same day, Suman (younger sister of Manju) was married to Ramniwas who is younger brother of Hardutt. In the marriage, he has given the dowry more than his capacity. 20 tolas gold, Rs. 1,50,000/- cash, furniture, utensils, refrigerator, bed, television etc. were given as dowry articles to both the daughters but after the marriage when the daughters went to their matrimonial home Hardutt, Ramniwas, Mahenda and Santosh made unpleasant remarks and said that at least motorcycles should have been given in the dowry. Ranjeet S/o Brajlal who went with the daughters was also told that his uncle Amar Singh should be informed that he will have to give motorcycles. When Ranjeet came back home, he told this to everybody on which it was said that they will counsel them. When both the daughters went back to their matrimonial home then all the four persons harassed and beaten them for not giving the motorcycles. One month back in the marriage ceremony of his nephew (son of brother Om), the accused persons had told that they will have to give motorcycles failing which the girls will be sent back. In these circumstances, they paid Rs. 10,000/- each to Hardutt and Ramniwas but the harassment continued thereafter for not giving motorcycles. Four months back, Manju was blessed with a daughter and in the ceremony of new born baby lot of articles were given to them but the demand of motorcycles was still continued by the in-laws of his daughter. She was not sent to her parental house then one month back, he along with PW.15 Brajlal and PW.3 Jai Singh went to the house of accused persons and requested them not to harass the daughters but all the accused persons repeated their demand for giving the motorcycles failing which they said that harassment will continue. Thirteen days back, wife of Saheb Ram died but accused did not come for condolence and even they did not send Manju on the ground that if they will send the money for the motorcycles then only accused will send Manju. Manju called his brother Shiv Bhagwan that they should send the money for purchasing the motorcycles, otherwise accused persons will kill her. On this, Shiv Bhagwan told her that they will come after the 12th day. At night, they received a telephone call that Manju and her daughter Sarika have been killed and thrown in the water tank or she has been forced to kill herself along with her four months' old daughter Sarika.