HARI SHANKER & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Sydney Brandon In M. Borland (ed.), violence in Family (1976) 1, said that "Statistically it is safer to be on the streets after dark with a stranger than at home in the bosom of 'one's family, for it is there that accident murder and violence are likely to occur." The present case reveals the said story of a young bride Usha whose body was found in flames in her in laws house which was locked from the outside. This unfortunate incident occurred within a period of seven months of her marriage.

(2.) First some admitted facts. Usha was married to accused appellant Hari Shankar Gupta on Nov. 18, 1986 at Alwar. Accused Smt. Kesar is the mother of Hari Shanker and accused Devi Daval is the real brother of Smt. Kesar. Hari Shankar was serving as LDC (cashier) in CID (CB) Deptt. Jaipur on May 23, 1987 and was residing at Jaipur whereas he did not allow Usha to live with him at Jaipur and Usha was residing with her mother in law Kesar at village Neemrana (Alwar). Devi Dayal, younger brother of Kesar was also residing at Neemrana. Narsingh Das, the husband of Smt. Kesar had died much before the marriage of Hari Shanker, Hariom (PW 11) maternal uncle of Usha, took active part in arranging marriage of Usha with Hari Shanker. Devi Dayal wrote two letters to Hari Om, one on Nov. 7, 1986 (Ex.R 10) and another on Nov. 11, 1986 (Ex.R11). Letter Ex.R 10 reads as under Letter Ex. P.11 reads thus- Devi Dayal in his statement under Sec. 313 CrP.C. stated thus- Wireless message was received at Police Station Shahjahanpur Distt. Alwar at 12.20 a.m. on May 23, 1987 that Usha was admitted in B.D.M. Hospital Kotputli in a serverly burnt condition. Usha died on May 24, 1987 and postmortem of her body was conducted on the said date at 10.30 a.m. Initially proceedings under Sec. 174 Cr.PC. were instituted by RS. Shahjahanpur. Thereafter FIR was lodged by Hari Prasad (inhabitant of Nagda Distt. Ujjain M.P.) father of deceased Usha on May 30, 1987. Case under Sec. 304-B and 498-A Penal Code was registered against Hari Shankar, Smt. Kesar and Devi Dayal and investigation commenced. After completion of investigation RS. Shahjahanpur laid the charge sheet. The case was committed and learned Sessions Judge framed charge under section 304-B and 498-A of the IPC. The accused denied the charges and claimed trial. The prosecution examined as many as 22 witnesses and exhibited 18 documents. Statements of accused under Sec. 313 Cr.RC. were recorded. The accused examined seven defence witnesses and exhibited as many as 11 documents. Learned trial court vide its judgment dated Jan. 22, 1996 convicted and sentenced the accused as under-

(3.) Impugning this judgment that the instant appeals have been field by the accused Hari Shanker, Smt. Kesar and Devi Dayal.