BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Bhanwar lal convicted for the offence of Sec. 498A, 306 Penal Code and sentenced respectively to three year R.I and fine of Rs. 100.00, one year R.I. and fine Rs.100.00, preferring this appeal challenged his conviction and sentence, requests acquittal.

(2.) Prosecution case is that deceased Smt. Santosh was married to appellant Bhanwar lal in year 1985 and about 15-16 months of marriage on 02.10.86, allegedly found dead in a water tank of her matrimonial house at Jaswantgarh was cremated on the same day by in laws. Her father Hulasmal PW/1 next morning at about 10 AM of 03.10.06 submitted a written report Ex.P/1 at P.S. Jaswantgarh and alleging that he lives at Sujangarh and daughter Santosh 19 years was married to appellant Bhanwar lal for about a year was living with in laws at Jaswantgarh who (Santosh) and day before yesterday on 01.10.86 morning coming to Sunjangarh desired and asked him Rs. 1000.00 for expenses and as money was not available with him he could pay only Rs. 50.00 and Santosh went away. Last night of 02.10.86 at about 9 PM, Suresh Kumar R/o Jaswantgarh came in a tanga to him at Sujangarh and told him that Hulasmal himself, Girraj and Kishan lal are urgently called by Kishan lal (II) at Jaswantgarh so they all went in same tanga to Jaswantgarh where Kishan lal asked him if he had said anything to daughter when she came, to which he replied that he did not and Santosh was asking for money then Kishan lal told them that Santosh is no more who died felling in "kund: (house hold water tank) who is cremated - when asked for early cremation without information said that it was late evening so cremated. Also averred in this report that to his information when Santosh taken out of tank was bluish and are doubts over her death.

(3.) The report was taken in Roznamcha Ex.P/18 and SHO making endorsement registered inquiry Ex.P/19 under Sec. 174 Crimial P.C. On 04.10.86 FIR No. 4/86 registered for the offence of Sec. 306, 498A, 201 and 176 IPC. Dy. SP PW/14 on 04.10.86 (i) inspected the place of occurrence (ii) seized petticoat of deceased (iii) seized letter presented by father PW/1 allegedly written by Santosh (iv) from the place of cremation ash and bones taken and (v) seized letters as many as 18 presented by appellant of which some written by appellant and some by deceased - preparing memos Ex. 2,8,12,13 & 14. Of the articles seized were forwarded to laboratory for examination handwriting comparison alongwith specimen of appellant taken before Executive Magistrate.