STATE OF RAJASTHAN Vs. SITA RAM

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 21.10.1992 rendered by the Judge, Special Court(Sati Nivaran) Rajasthan and Additional Sessions Judge, Jaipur City, Jaipur(hereinafter referred to as 'the trial court') whereby he acquitted accused -respondents namely Banwari Lal, Sita Ram and Smt. Sushila in the offences under Sections 306 and 498A of the Indian Penal Code.

(2.) THE factual matrix of the prosecution case in brief is stated as under: On 7th May, 1987 marriage of deceased Smt. Pushpa was solemnized with Banwari Lal Gupta S/o. Radhey Shyam Gupta R/o. 4 -ch -26, Shastri Nagar, Jaipur. It is alleged that from the day first of her marriage, the in -laws of the deceased started complaining of deficient dowry. She was again and again reminded of the fact that the dowry articles, which she had brought from her house, were less in number and sub -standard in quality. The brothers of the deceased endeavoured to make the in -laws of the deceased understand and gave an undertaking to give more articles or money in lieu thereof. It is also alleged that on 15th February, 1989 the deceased came to her parents house to attend one ceremonial function but she was sent alone and that too only for a day. She was looking gloomy and uncomfortable. When being asked about the reason of her sadness, she simply responded in a feeble way that she was being harassed again and again for bringing less dowry. She also disclosed that she had been asked to bring one coloured television. Since the economic condition of her brother was not well, the demand of coloured television in dowry was continuously haunting in her mind, making her disheveled and perplexed. It is further alleged that on 23rd February, 1989 at about 8.00 p.m. the complainant Banwari Lal received a telephonic message from in -laws of her sister directing him to reach at Sawai Mansingh Hospital, Jaipur immediately as her sister Smt. Pushpa was admitted in emergency ward. On reaching at S.M.S. Hospital, he was told that Smt. Pushpa took tea at about 2.00 p.m. and thereafter she vomited and her condition suddenly deteriorated, as a result of which she was immediately taken to hospital where she ultimately died. The complainant Banwari Lal submitted a written complaint, Exhibit P -7 to the Superintendent of Police, Jaipur city, Jaipur whereupon Mahila Police Station lodged FIR, Exhibit P -8 and commenced investigation. During the course of investigation, the Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case, prepared a Site Plan, Exhibit P -l, got the autopsy of deceased Smt. Pushpa from the Medical Board done, arrested the accused -respondents, collected the relevant documents and after usual, investigation filed the charge -sheet against the accused -respondents in the court of the competent Magistrate having jurisdiction who sent the same for trial to the Court of Sessions. The accused -respondents were indicted for the offences under Sections 498A and 306 of Indian Penal Code who pleaded not guilty and claimed to be tried. In order to further prove its version, the prosecution examined as many as 15 witnesses. In the explanation under Section 313 Cr.P.C, the accused -respondents claimed innocence and pleaded that they were falsely implicated in this case. The accused -respondent adduced 11 witnesses in their defence. After completion of trial, learned trial court did not find the accused -respondents guilty and acquitted them as indicated hereinabove.

(3.) THE accused -respondents were alleged to have abetted Smt. Pushpa to commit suicide which she committed by consuming the poison and the incident had taken place within two years of the marriage. The Autopsy Report, Ex.P -4 did not contain the cause of death of Smt. Pushpa and the Medical Board kept the opinion reserved till the receipt of Chemical Analysis and Histo Pathological Report. For that purpose, visceras of the deceased were preserved, sealed and sent by them to the Forensic Science Laboratory through police. The Forensic Science Laboratory Report, Ex.P -5 reads thus: On chemical examination, portions of viscera (1 -5) from packets marked 1 and 2 gave positive tests for the presence of Aluminium Phosphide (Active constituent of Celphos).