SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the order passed by the learned Additional Sessions Judge, Abu Road in Sessions Case No. 8/93 the appellant has preferred this appeal on the grounds mentioned in the memo of appeal.

(2.) By the impugned order the learned Additional Sessions Judge has held the accused guilty of offence under Ss. 304-B and 498-A of the Indian Penal Code. He has sentenced the accused to suffer imprisonment for life under S. 304-B and two years' rigorous imprisonment for the offence under S. 498-A. According to the accused this order of conviction and sentence is unsustainable in law. Hence this appeal.

(3.) The facts giving rise to the present appeal are that the accused was married to one Rekha who met unnatural death on 5-2-1993 within months of her marriage with the accused. It was claimed by the relatives of the victim that her unnatural death is caused by her husband, sister-in-law and mother-in-law as they used to persistently harass her claiming more dowry. All the three persons were, therefore, prosecuted in Sessions trial No. 8/93. The prosecution has led evidence of 20 witnesses and several documents have been exhibited. The accused in his defence examined three witnesses and claimed reliance on certain documents on the basis of which it was urged that the accused persons are not guilty of any offence.