SURYA PRAKASH AND NARAINI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Surya Prakash, his mother appellant -Naraini and his father Shankerlal faced trial for offences punishable under Sections 304B and 498A, IPC before the learned Additional Sessions Judge No. 1, Jaipur City - Jaipur, who by his impugned judgment dated 3.5.1996 giving benefit of doubt acquitted Shankerlal but convicted appellants Surya Prakash and Naraini for the said offences and sentenced each one of them to life imprisonment and a fine of Rs. 250/ -, in default of payment of fine to further under go imprisonment for one month on the first count and to three years Rl and a fine of Rs. 100/ - and in default of payment of fine, to further undergo 15 days' imprisonment on the second count. He further directed that all the substantive sentences shall run concurrently.

(2.) THE facts of this appeal are short and simple and can be recapitulated within a narrow compass. Deceased Beena was married to appellant Surya Prakash on 5.3.1991. At the time of marriage, Surya Prakash demanded 'Yamaha' motorcycle from his mother -in -law PW 3 Smt. Lali. He repeated the same demand before his father -in -law PW 1 Chandalal in presence of many prosecution witnesses. PW 1 Chandalal expressed his inability to meet this demand of appellant Surya Prakash. Chandalal told to co -accused Shankarlal that it was not settled between them to give motor cycle in dowry. Thereupon, the latter told that Surya Prakash was a young boy and he would continue to make such demands and asked Chandalal to go ahead with the marriage ceremonies. However, at the time of 'Vida' of marriage party, co -accused Shankarlal did not take his meals thereby showing his displeasure. After six months of the marriage, deceased Beena came to her parents' house and informed that her husband Surya Prakash and mother Naraini used to harass and beat her and make persistent demands for bringing the motor cycle. PW 1 Chandalal after 4 -5 days went to the house of appellants and told Shankarlal about ill - treatment given to her by the appellants, whereupon the latter felt sorry and assured that in future such harassment shall not be repeated. Despite that appellants continued making their demands for motor cycle and persistently mal -treated and harassed her in connection with the said demand. It is alleged that deceased Beena used to make complaints to her parents off and on about the mal -treatment given by the appellants. It is the case of the prosecution that at appellants' house in presence of PW 1 Chandalal, Beena also wept and asked to take her with him, failing which appellants would kill her. Thereupon Chandalal brought her to his house, where she was given treatment to the injuries sustained by her. It is alleged that Shankarlal again begged excuse and assured Chandalal that Beena would not be harassed in future. Hence she was sent to house. It is also the case of prosecution that even thereafter appellants continued harassing her in connection with their demand of motor cycle. In the morning of 11.4.1993 Beena died at appellants' house in abnormal circumstances. PW 1 Chandalal was informed about her death. He went to appellants' house, where he saw the dead body of Beena having injuries on her neck. PW 1 Chandalal submitted written report Ex. PI before PW 12 Ravindra Nath Singh, SI of Police Station, Neemri on the spot, where the latter had come on a telephonic message intimating about her death. Police Station, Neemri was earlier an out -post of Police Station Brahampuri, Jaipur but lately the same was raised as a separate Police Station. However, no notification of the establishment of Police Station, Neemri, Jaipur City was published in the Gazette on the date of incident. Therefore, Ravindra Nath Singh made an endorsement on written report Ex. PI and sent the same to SHO, PS Brahampuri for registration of the case, through Rajpal Constable. PW 17 Jeewan Singh, SHO, PS Brahmpuri drew formal FIR Ex. P9 and sent the same to PW 19 Anil Kumar Jain, CO., Kotwali, under whose jurisdiction, the newly established police station, Neemri was situated.

(3.) THE Medical Board consisting of PW 20 Dr. S.K. Pathak, PW 21 Dr. B.P. Nag, Dr. G.L. Yadav and Dr. Sheetal Jain was constituted as per the order of the Chief Judicial Magistrate. On 12.4.1993 the Board conducted post -mortem examination on the dead body of Beena aged 19 years and prepared post -mortem report Ex. P14. The doctors noticed that her face was cynosed and blood tinched, froth was present over both nostrils. Her nails were pale and her eyes were closed. The doctor found red colour thread ('moli') around her neck which was about 1/4 cm. in diameter. The doctors found following injuries on the body of Beena :