SUNIL KUMAR GARG.J. - (1.) THE above named accused appellants have preferred this appeal against the judgment and order dated 21 -1 -1999 passed by the learned Additional Sessions, Judge, Banswara in Sessions Case No. 19/1997 by which he convicted and sentenced both accused appellants in the following manner: Name of accused appellants Convicted under Section Sentence awarded 1. Natwar Singh 304B, IPC Seven years SI
(2.) SMT . Sajjan Kanwar 498A, IPC Three years SI and fine of Rs. 100/ - in default of payment of fine to further undergo, one month SI. 201, IPC Three years" SI and fine of Rs. 100/ - in default of payment of fine, to further undergo, one month SI. The above sentences were ordered to run concurrently. 2. The facts giving rise to this appeal, in short, are as follows: On 8 -12 -1996, PW1 Ram Kunwar lodged a report Ex.P/1 before the SHO, Police Station Gadi District Banswara stating inter -alia that her niece Smt. Bana Kunwar D/o Mohan Singh Rajput (hereinafter referred to as the deceased) was married before five years with accused appellant Natwar Singh S/o Gopal Singh Rajput resident of Sharanpur according to Hindu rites and ceremonies. However, after the marriage accused appellant No.1 Natwar Singh (husband of the deceased), accused appellant No.2 Smt. Sajjan Kanwar (mother -in -law of the deceased) and sister -in -law of the deceased used to torture deceased for dowry. It is further stated in the report that whenever the deceased came to her parents house she used to make complaint about the demand of dowry and torturing by the accused appellants. It is further stated in the report that accused appellants were advised not to do such acts, but they did not accede to their advice and on the other hand, they continued to harass and torture deceased. Since deceased was being tortured in nuptial home deceased came back to her parents house. It is further stated in the report that on 29 -11 -1996 a notice Ex.D.9 was given by the accused appellant Natwar Singh stating therein that deceased be sent back to his house otherwise he would file the case in the Court. Thereafter, Nahar Singh. Mohan Singh and Smt. Anda Kunwar were sent to take deceased from her parents house and on 1 -12 -1996, a compromise took place between the parties and, thereafter, deceased was sent to the house of her in -law's. It is further stated in the report that on 6 -12 -1996. PW 2 Laxman Singh went to Sharanpur to meet deceased and at that time he was told by deceased that her husband accused appellant Natwar Singh and other members of her in -law's used to torture her for dowry and upon this he told to deceased not to worry and everything would be OK with the passage of time. It is further stated in the report that on 8 -12 -1996, complainant party came to know that deceased has been killed without informing her parents her dead body was cremated hurriedly. Thereupon. PW 2 Laxman Singh, P.W. 7 Jai Singh and others went to the village Sharanpur and on being enquired, they were told that deceased fell down in the well and thereafter, she died and her dead body has been cremated. It is further stated in the report that they have strong suspicion that deceased died because of demand of dowry, cruel treatment and torturing by the accused appellants and her dead body has been hurriedly burnt without informing the parents of the deceased. On this report, police registered regular FIR Ex. P 12 and started investigation. During investigation accused appellant No.2 Smt. Sajjan Kanwar (mother -in -law of the deceased) was arrested through Ex. P/5 and accused appellant No.1 Natwar Singh (husband of deceased) was arrested through Ex. P/6. After usual investigation, police submitted challan against both the accused appellants in the Court of Magistrate and from where the case was committed to the Court of Sessions and, thereafter, the case was transferred to the Court of Additional Sessions Judge Banswara. The learned Additional Sessions Judge. Banswara on 14 -3 -1997 framed charges under Sections 498A, 304B and 201 IPC against both the accused appellants. The charges were read over and explained to both accused appellants who pleaded not guilty and claimed trial. In support of its case, the prosecution examined as many as seven witnesses and got exhibited several documents. Thereafter, statements of the accused appellants under Section 313 Cr. P.C. were recorded. In defence, seven witnesses were produced and it is pertinent to note that accused appellant Natwar Singh has also been produced in defence as DW6 and some documents were also got exhibited in defence. After conclusion of trial, the learned Additional Sessions Judge, Banswara through his judgment and order dated 21 -1 -1999 convicted both the accused appellants for the offence under Sections 304B. 498A and 201 IPC and sentenced them in the manner as stated above holding inter -alia: - 1. That there is a possibility that deceased might have fallen in the well, but since no report about the incident has been lodged by the accused appellants before the police nor postmortem of the deadbody of the deceased was got conducted nor parents of the deceased were informed before cremating her dead body, therefore, it cannot be said that death of the deceased was under normal circumstances and thus, the learned Additional Sessions Judge adjudged death of the deceased as dowry death. 2. That learned Additional Sessions Judge has also drawn presumption of Section 113 -B of the Indian Evidence Act. That learned Additional Sessions Judge has also came to the conclusion that deceased was given cruel treatment and tortured by accused appellants for dowry and thus, according to him, all ingredients of the offence under Sections 498A. 304B and 201 IPC have been proved in the present case by the prosecution beyond reasonable doubt. Aggrieved from the said judgment and order dated 21 -1 -1999 passed by the learned Additional Sessions Judge, Banswara, the present appeal has been filed by the accused appellants. 3. In this appeal, the following submissions have been made by the learned counsel for the accused appellants: That it is not a case of dowry death, but it is a case of accidental death and according to the learned counsel for the accused appellants, deceased was washing her clothes near the well and all of a sudden, she fell down in the well and, thereafter, she expired. Therefore, the fact that deceased died unnatural death cannot be held to be proved in the present case and thus, the findings of the learned Additional Sessions Judge in this respect are liable to be set aside. Besides, deceased was a patient of psychiatric depression and thus, from this point of view also, death of the deceased was accidental. That so far as the accused appellant Smt. Sajjan Kanwar (mother -in -law of the deceased) is concerned she is an old lady of 70 -years; she has nothing to do with the crime at all; she did not demand any type of dowry; she never harassed deceased and therefore, there is no evidence against accused appellant Smt. Sajjan Kanwar and thus, she should be acquitted of the charges framed against her. That even against accused appellant Natwar Singh, no case of demand of dowry, harassment and cruel treatment towards deceased by accused appellant Natwar Singh, is made out from the evidence produced by the prosecution, as no independent witness was examined by the prosecution. Hence, it was prayed that this appeal be allowed and both accused appellants be acquitted of the charges framed against them.
(3.) ON the other hand, the learned Public Prosecutor supported the impugned judgment and order passed by the learned Additional Sessions Judge, Banswara.;