MADANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the instant criminal appeal has been made by the appellants to the judgment of conviction and sentence dtd. 3/7/2013 passed by the Court of learned Additional District and Sessions Judge, Dausa (Rajasthan) [for short 'the learned trial Court'] in Sessions Case No. 18/2012, State of Rajasthan v. Madan Lal and Ors., whereby the learned trial Court has convicted and sentenced the appellants as under:-

(2.) Facts of the case in nutshell are that complainant PW1-Ramlal S/o. Ghasiram, by caste Bairwa, aged 60 years, resident of Village Nihalpura Dhani Bassidaran, Tehsil Sikrai, Police Station Sikandara, District Dausa, submitted a written report (Ex. P1) on 3/7/2011 to the SHO, Police Station Dausa Sadar to the effect that he solemnized the marriage of his daughter Asha with Madan Lal son of Kanhaiyalal Bairwa on 13/2/2011. In the marriage, as per his capacity, he gave motor-cycle, T.V., Fridge, Washing Machine, Fan, Cooler, jewellery, amounting to Rs.2,11,000.00 in dowry. Soon after the marriage her in-laws namely; husband Madan Lal, Jeth-Sitaram, Jethani-Rajanti, Jeth-Rajendra and Jethani-Barfi started to harass and humiliate her and used to give beatings to her. Asha was having pregnancy of 3-4 months and whenever she used to come to her parents' house, these persons used to tell her to bring amount in cash. Today on 3/7/2013 at 6:00 A.M. father-in-law of his daughter informed on telephone that condition of his daughter is not good. He reached at the in-laws place and saw that his daughter was lying unconscious. The surrounding circumstances created doubt in his mind that his daughter had been had been administered some poisonous substance or had been caused internal injury as a result of which his daughter expired.

(3.) On the basis of the aforesaid written report (Ex. P1) an FIR bearing No. 0245/2011 (Ex. P2) was registered for the offences under Sec. 498A and 304B IPC. The investigation commenced and after investigation the police filed charge-sheet against accused persons for the offences under Sec. 498A, 304B and 201 IPC in the Court of Chief Judicial Magistrate, Dausa. The case was committed to the Court of Sessions Judge, Dausa from where the case was sent to the trial court for trial court.