GARG, J. - (1.) THIS appeal has been preferred by the accused appellants against the judgment and order dated 10. 9. 99 passed by learned Additional Sessions Judge, Phalodi in Sessions Case No. 1/99 whereby the learned Additional Sessions Judge convicted the accused appellants for offence under Sections 498-A and 304-B I. P. C. and sentenced each of them as under : Name of accused Offence Sentence Awarded Kishna Ram 498-A I. P. C. 2 years' S. I. & a fine of Rs. 100/- in default to further undergo 1 month's S. I. Kishna Ram 304-B I. P. C. 7 years' S. I. Smt. Anchi 498-A I. P. C. 2 years' S. I. & a fine of Rs. 100/- in default to further undergo 1 month's S. I. Smt. Anchi 304-B I. P. C. 7 years' S. I. Chetan Ram 498-A I. P. C. 2 years' S. I. & a fine of Rs. 100/- in default to further undergo 1 month's S. I. Chetan Ram 304-B I. P. C. 7 years' S. I.
(2.) IT arises in the following circumstances : (i) On 19. 11. 98 at about 8. 15 a. m. , P. W. 4 Lala Ram lodged a written report Ex. P/8 before P. W. 7 Bhupendra Singh, SHO Police Station Bhojasar stating that Chuki (hereinafter referred to as the deceased) was daughter of his brother P. W. 3 Haruram and she was married with the accused appellant No. 1 in samvat year 2049 and P. W. 3 Haru Ram gave articles in dowry as per his capacity at the time of marriage and for last three years, the accused appellant No. 1 was demanding Dora of gold, Ring of gold and Rs. 5000/ -. This fact was brought to the knowledge by the deceased to her mother P. W. 9 Smt. Bhikhi, but since financial condition of P. W. 3 Haru Ram was not good, thus, this demand could not be fulfilled and for that all the accused appellants started harassing the deceased for not bringing sufficient dowry and also started beating. Upon this P. W. 13 Mula Ram and P. W. 3 Haru Ram went to the house of accused appellant No. 3 (father-in-law) and they were apprised also. The deceased had two sons. For last four months, the deceased was in her in-law's house and on 18. 11. 98, she came to Dhani of P. W. 3 Haru Ram where the accused appellant No. 1 asked the deceased as to why she had gone to the Dhani of her father and she should have gone to the Dhani of Likma Ram and when accused appellant No. 1 was threatening the deceased, P. W. 4 Lala Ram was also there and he also made the accused appellant No. 1 to understand as to why he was doing like that. Upon this the accused appellant No. 1 told that till Dora of Gold, ring of gold and Rs. 5000/- were not given to him, he would not come to his Dhani and took the deceased with him. At about 11 p. m. in the night, P. W. 5 Jasu Ram and P. W. 6 Shiv Lal came to Dhani of P. W. 4 Lal Ram in a jonga and informed P. W. 3 Haru Ram through P. W. 13 Mula Ram that the deceased had been burnt. Upon this P. W. 4 Lala Ram, P. W. 13 Mula Ram and P. W. 11 Birma Ram rushed towards her in-laws' house and at that time P. W. 3 Haru Ram told that she had not burnt but she had been forced to burn by her in-laws. P. W. 4 Lala Ram, P. W. 13 Mula Ram, P. W. 11 Birma Ram along with P. W. 15 Asu Ram reached the Dhani of accused appellant No. 3 and found that the deceased was burnt. IT is further stated in the report Ex. P/8 that thereafter P. W. 4 Lala Ram asked the deceased as to how it had happened, upon this the deceased in a very low voice told that all the accused appellants had burnt her after pouring kerosene oil on her and thereafter she died. IT is further stated in the report that she had been put to death by her in-laws for not bringing sufficient dowry as per their demand. On this report, police chalked out regular FIR Ex. P/9 and started investigation. During investigation, post mortem of body of the deceased was got conducted by two doctors P. W. 6 Dr. Heera Lal Soni and P. W. 14 Dr. C. P. Mathur on 20. 11. 98 and post mortem report is Ex. P/15 where the cause of death of deceased has been assigned as asphyxia due to burning. During investigation all the three accused appellants were got arrested through Fard Ex. P/5, 6 and 7 on 20. 11. 98. After usual investigation, the police filed challan against the accused appellants for offence under Sections 304-B and 498-A I. P. C. in the Court of Magistrate from where the case was committed to the Court of Additional Sessions Judge, Phalodi.
(3.) THAT on 27. 1. 99, the learned Additional Sessions Judge framed charges for offence under Sections 304-B and 498-A I. P. C. against the accused appellants who pleaded not guilty and claimed trial. During trial, 18 witnesses were produced by the prosecution and thereafter statements of accused under Section 313 Cr. P. C. were recorded and no evidence was led in defence. After conclusion of the trial, the learned Sessions Judge vide his judgment and order dated 10. 9. 99 convicted the accused appellants for offences under Sections 304-B and 498-A I. P. C. inter alia holding that : (i) Marriage of deceased with accused appellant No. 1 took place within seven years from the date of occurrence. (ii) The death of deceased occurred in suspicious circumstances i. e. otherwise than under normal circumstances (by burning ). (iii) For dowry demand, the learned Sessions Judge has placed reliance on the statements of P. W. 3 Haru Ram, P. W. 4 Lala Ram and P. W. 10 Smt. Dhapu and further more, statement given by the deceased before her death to P. W. 4 Lala Ram. (iv) On fateful day, the accused appellant No. 1 demanded dowry and threatened the father of the deceased with dire consequence if dowry was not given. Thus, convicted and sentenced the accused appellants as stated above. ;