- (1.) This appeal is directed against the judgment dated 27.10.1999 of the learned Single Judge of Rajasthan High Court whereby he allowed the appeal preferred by respondent Jaggu Ram and acquitted him of the charge under Section 304-B and 201 Indian Penal Code.
(2.) The facts necessary for deciding the appeal are as under: On 30th March, 1993 one Suresh Khateek informed Atma Ram (PW-1) that his daughter Shanti @ Gokul had died at her in-laws place. Upon this Atma Ram lodged First Information Report at Police Station Srimadhopur stating therein that his daughter Shanti @ Gokul was married to Jeevan Ram, son of Jagdish Balai (Jaggu Ram), resident of Nathusar about eighteen months ago; that he gave dowry according to his capacity; that immediately after the marriage, Jaggu Ram, his son Jeevan Ram and wife Nathi started harassing Shanti in connection with dowry; that after three days of marriage they left Radio, Press etc. and demanded watch and jewellery; that they with a view to save his daughter from harassment, he gave silver ornaments viz. Paizeb (anklet), Tagadi, Locket and Ear-rings apart from cash of Rs. 10,000/- to her in-laws, but this did not satisfy them and after three months, they again started harassing her and left her at village Abhawas, where she stayed at his house for 8 months; that a meeting was held at village Abhawas which was attended by 22-25 people including Jaggu Ram (the respondent herein), Rameshwar Mali, Chhitar Kheteek and Bhagega Balai of village Nathusar. In that meeting Jaggu Ram assured that he will keep Gokul without creating any problem; that thereafter he went to Nathusar six to seven times to bring her daughter to Abhawas but her husband and in-laws did not send her and demanded colour television. They also threatened that if additional dowry is not brought, then his daughter will be finished. He told the villagers about the demand made by Jaggu Ram and his family and the threat given by them. Upon this, the villagers sent a message to Jaggu Ram that it was not proper. Jaggu Ram and his family members got annoyed by this development and they killed his daughter by burning with kerosene and cremated her body at 5.00 a.m. on 30.3.1993. Thereupon, the police registered Criminal Case No.48/93 under Sections 498A, 304-B and 201 of the IPC. During the investigation, the police recorded the statements of Atma Ram and other persons under Section 161 Cr.P.C., collected the hospital record and arrested the appellant, his wife Nathi and son Jeevan Ram. A lathi was recovered at the instance of Jeevan Ram. After completing the investigating, the police filed challan against all the accused in the court of Addl. Chief Judicial Magistrate, Shrimadhopur, who committed them to the Sessions Court for trial.
(3.) The prosecution examined PW-1 Atmaram, PW-2 Kaluram, PW-3 Babulal, PW-4 Doctor Vijay Kumar, PW-5 Kamal Surana, PW-6 Shankar Lal, PW-7 Kanaram, PW-8 Gopiram, PW-9 Mewaram, PW-10 Rameshwar, PW-11 Banwari Lal, PW-12 Ram Kishore, PW-13 Chhitar, PW-14 Maliram, PW-15 Saidduram, PW-16 Suresh, PW-17 Shrawan Singh, PW-18 Jamal, PW-19 Ramdhan, PW-20 Doctor Shyam Lal Khuteta and PW-21 Om Prakash Godara and also produced documents marked Exhibit P1- Indoor Ticket deceased Gokul, Exhibit P3A to P5A Recovered blood stained clothes, Exhibit P6-Recovered bones and ash and Exhibit P7- Original report, PW 8- First Information Report, Exhibit P9-Statement of Rameshwar given to the Police, Exhibit P10- Site map of the spot, Exhibit P11-Statement of Chhitar given to the Police, Exhibit P12- Recovered Lathi, Exhibit P13-Recovery site map, Exhibit P14-Staement of Suresh given to the Police, Exhibit P15-Receipt of FSL, Exhibit P16 and Exhibit P17-Statement of Jamal to the Police, Exhibit P18-Photo copy of Register of Store, Exhibit P19-Injury report of Gokul Devi, Exhibit P20-Arrest Jeevanram, Exhibit P21-Arrest Jagguram, Exhibit P22- Arrest Nathi Devi and Exhibit P24-Information.;