NATWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dtd. 8/7/2010 passed by the learned Additional District and Sessions Judge (Fast Track), Banswara in Sessions Case No. 43/2009 whereby while acquitting the co accused Kanji of the offences under Ss. 304-B and 498-A IPC, the accused-appellant Natwar Lal has been convicted and sentenced as under:-

(2.) Brief facts of the case are that Soma (PW-1) submitted a written report (Ex.P/1) with Police Station Ghadi, district Banswara on 23/4/2009, wherein it was stated that on the same day, at 08:00 a.m., one Lal Shankar informed him that his daughter had expired, whereupon, he along with other villagers including Sarpanch Kaluramji proceeded to the house of the accused and there his daughter was found dead having injuries on her neck and ear. He had an apprehension that his daughter was killed by the accused persons by throttling. It was further alleged in the written report that his daughter Shakuntala was married to the accused Natwar Lal 3 years ago and out of their wedlock, one daughter Raveena was born. After some time of the marriage, the accused persons started ill-treating his daughter for demand of dowry. Whenever, his daughter came to their house, she told him that the accused person and his family members misbehaved with her and accused Natwar Lal used to beat her. His daughter was driven out of the house twice but he along with his relatives got the matter reconciled, thereupon his daughter started living with her husband. It was apprehended that the accused persons had killed his daughter for non-fulfillment of the demand of dowry.

(3.) On this report, FIR No. 110/2009 was registered for the offence under Ss. 498-A and Sec. 304-B IPC at Police Station Ghadi, district Banswara and the police after thorough investigation, submitted a charge sheet against the accused - appellant Natwar Lal and co-accused Kanji for the offences under Ss. 498-A and Sec. 304-B IPC.