SAHDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was the accused on the file of learned Special Judge (Sati Nivaran) and Additional Sessions Judge Jaipur City bearing Sessions case No.8 of 1996. He was found guilty under Sections 304 B and 498 A of the Indian Penal Code convicted thereunder and sentenced to 10 years rigorous imprisonment under Sec. 304 B Penal Code and two years rigorous imprisonment and fine of Rs.500.00under Sec. 498 A (In default of payment of fine to further undergo three months R.I.). It was also directed that sentences shall run concurrently.

(2.) Aggrieved by the conviction and sentence the action for filing the instant appeal has been resorted to.

(3.) The prosecution case in short is that Manju Kanwar had committed suicide by consuming insecticide poison on Sept. 10, 1995 in the house of her husband (the accused appellant) and the in-laws within a period of two years from the date of marriage which was solemnised between Manju Kanwar and the accused appellant Sahdev Singh on Feb. 15, 1994. An FIR was lodged with the Police Station Shastri Nagar Jaipur by Ganpat Singh, the father of deceased Manju on Sept. 10, 1995 against the accused Sahdev Singh, his elder brother Roop Singh, his mother and wife of Roop Singh, stating therein that shortly after the marriage the accused persons had started demanding dowry. They started ill-treating Manju and prevented her from meeting her near relatives. They had threatened the informant Ganpat Singh to kill Manju. if Rs. two lacs are not arranged. Case under Sec. 304 B Penal Code was registered and after completion of the investigation the charge sheet was laid only against the accused appellant.