BASANTI LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 24.3.2001 Ram Prasad ASI, Police Station Kotwali, Bundi recorded Parcha Bayan (Ex.P.5) of Teena wife of Navneet Kumar who was admitted in Surgical Female Ward of Government Hospital, Bundi in which she stated that her marriage took place with Navneet Kumar on 23.4.2000 in Sammelan at Kapren. After the marriage she went to the house of her in-laws at Deoli village twice or thrice and till then there was no harassment by her in-laws. Two-three days prior to the occurrence her father-in-law came to her father at Keshorai Patan. She was at the house of her uncle at Deoli and came to the house of her in-laws with her brother Jambu Kumar at about 4.00- 4.30 P.M. On the previous night there was some function in the family so she did not have any talks with any body. Today at about 4.00 she poured kerosene on her and lit fire herself for committing suicide as her mother-in-law Chandra, brother-in-law Naresh, father-in-law Basanti Lal and husband Navneet used to beat her. The in-laws got her admitted in the hospital at Bundi. On the basis of this Parcha Bayan a case under Sections 498-A and 306 Penal Code was registered against the three appellants and co-accused Naresh Kumar vide FIR No. 97/2001 (Ex.P.8). On the same day at about 9.15 P.M. statement of injured Teena (Ex.P.12) was recorded by Ajay Kumar (P.W.16) ACJM, Bundi. Injured Teena died on 14.4.2001. After investigation the police submitted a challan against accused appellants under Sections 498-A and 304B IPC. As the fourth accused Dinesh Kumar who was juvenile at the time of the occurrence, separate challan against him was filed before the juvenile court.

(2.) On the basis of the material and evidence collected by the police during investigation, the learned trial court framed charge against the appellants under Sections 498-A and 304B Penal Code to which they denied, pleaded not guilty and claimed trial.

(3.) To prove its case the prosecution examined as many as 16 witnesses and also got exhibited 12 documents. In their statements under Sec. 313 Crimial P.C. appellants Basanti Lal and Navneet Kumar denied the allegations and deposed that at the time of the occurrence they had gone to attend a training programme at Government Middle School Deoli and they were informed about the occurrence by the neighbourers at the School. They have also submitted a written statement under Sec. 233(2) Crimial P.C. Four witnesses were examined in defence.