PARASMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition has been filed under Sec. 374(ii) Cr.P.C. against the judgment dtd. 11/2/2011 passed by the learned Additional Sessions Judge, Women Atrocities and Dowry Cases, Bhilwara in Sessions Case No. 1/2008, by which, the trial court convicted the present appellant for offence under Sec. 498-A and 306 IPC. The appellant was sentenced for the alleged offence as under:-

(2.) Both the sentences were ordered to run concurrently. The trial court also directed that after realization of fine of Rs.10,000.00, the same may be tendered to Gokul Lal, father of deceased as compensation.

(3.) Brief facts of the prosecution case are that a written report was filed by PW-1 Gokul Lal before the Police Station Asind stating therein that his daughter Meera was married with Parasmal in the month of April, 2001. After the marriage, her husband started beating her. Whenever his daughter used to visit his house, she narrated the incident of beating by her husband. She also informed that her husband was demanding one lac rupees and has threatened his daughter to kill her. The complainant further stated that on the day of incident i.e. 29/9/2007, when the accused started beating his daughter, at that time she made a call to him on land-line phone from her mobile. The mobile phone was snatched by her husband but was not switched off or disconnected so he heard the noise for about half an hour of beating given to his daughter. The complainant immediately rushed to Asind where neighbourers told them that his daughter has died. He was informed that all the five accused poured kerosene oil on the body of his daughter and killed her. It was also mentioned in the complaint that out of the said wedlock, one daughter and one son was born. On this report, the police registered the FIR for offence under Sec. 302, 323, 143 IPC and started usual investigation. After completion of the investigation, a challan was filled for offence under Sec. 304-B, 323, 498-A IPC before the court of Judicial Magistrate, First Class, Asind, District Bhilwara against the appellant. Thereafter, the case was transferred to the court of Additional Sessions Judge, Women Atrocities and Dowry Cases, Bhilwara, where the charges were framed against the appellant. He denied the charges and claimed trial.