SURENDRA KUMAR ALIAS GEJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment impugned dated 16.10.2003 learned Additional Sessions Judge (Fast Track),Sriganganagar convicted accused Surendra Kumar @ Geji for commission of offences punishable under Sections 302 and 201 Indian Penal Code. The other accused Chhindrapal@ Kala was convicted for an offence punishable under Section 302 read with Section 34 and Section 201 IPC. Both the accused persons were sentenced to undergo life imprisonment with a fine of Rs.500/- each and further to undergo one year's more simple imprisonment in event of default to pay the fine. Both the accused persons were also sentenced for commission of the offence punishable under Section 201 IPC by rigorous imprisonment for seven years with a fine of Rs.100/- and further to undergo one month's simple imprisonment in event of default to pay the fine. The third accused Kewal Krishna son of Kaurchand Arora being absconding,his case was sent for inquiry and examination as per provisions of Section 299(2)Cr.P.C.to the Court of Judicial Magistrate (First' Class),Sadulsahar.

(2.) As per prosecution, on 27.7.2002 at about 1.30PMPW.l Narayandas submitted a written report at police station sadulsahar with assertion that his daughter Neetu Bala married to Surendra Kumar @ Geji son of Kaurchand about five years earlier. Since one or two years after the marriage, Surendra Kumar and his brothers Kewal Kumar, Dharampal,Kala,Jinder Kumar and Jinder Kumar's wife were mentally torturing Neetu for demand of dowry. Neetu kept silence for all the affairs going on for some time, but ultimately about a year back when Surendra's brother hold her hand and tried to indulge with some unwarranted activity and being pushed on refusal to do so and also for the reason that Surendra was passing much time with his elder sister-in- law, it became unbearable for her to stay at husband's place, thus, she came to her parents house at Sriganganagar and was staying with them. On 14.7.2002 Neetu went with Surendra for Sadulsahar on the assurance given that he will reside separate to his brothers. On 27.7.2002 at about 8.00 AM a telephone call was received at a neighbour's house of the complainant, to whom Surendra informed that Neetu received an electric current but nothing was there to worry. At about ten minutes subsequent thereto an another call was made by Surendra informing the neighbour aforesaid about death of Neetu. Narayandas,his other family members and some relatives then immediately rushed to Sadulsahar but on getting no proper information about Neetu,they approached to the Station House Officer of Police Station Sadulsahar,who then came to the place where Neetu and Surendra were residing on rent. The house was locked, thus, the door was opened after breaking the lock and on entering into the house dead body of Neetu was found lying in a metallic box. In the same box bodies of two minor children of Neetu"Kritika"aged two years nine months and "Mahir"aged ten months were also found just under the body of Neetu. On making search the investigating agency recovered a blood stained half part of a scissors, blood stained mattress and a blood stained pillow from the metallic box. On 11.8.2002 the accused appellants were arrested at Saharanpur District Haridwar.

(3.) On completion of investigation a charge sheet was filed alleging commission of offences by the accused appellants punishable under Sections 498-A, 302, 201 read with 34 IPC. The case was committed to the court of Sessions, charges of the offences punishable under Sections 498-A, 302, 201 and 304-B IPC were framed and on denial of those, trial was conducted. As already said earlier, the third accused Kewal Krishna was absconding, therefore, his case was sent for inquiry and examination to the Court of Judicial Magistrate (First Class), Saldulsahar as per provisions of Section 299Cr.P.C.