- (1.) This appeal has been preferred by accused Mahaveer Singh from jail being aggrieved by judgment dated 26.03.2004 of learned Additional Sessions Judge (Fast Track) No.2, Jhunjhunu, in Sessions Case No.97/2003 (88/2003) convicting him for offence under Sections 302 and 201 of the Indian Penal Code. For offence under Section 302 IPC, he was sentenced to undergo life imprisonment with fine of Rs.200/-. For offence under Section 201 IPC, he was sentenced to undergo three years rigorous imprisonment with fine of Rs.200/-. In default of payment of fine, he was ordered to further undergo ten days simple imprisonment for each offences. Both the sentences were ordered to run concurrently.
(2.) Facts of the case are that a written-report (Exhibit P-1) was submitted by one Smt. Gend Kanwar at Police Station Udaipurwati, District Jhunjhunu, on 27.11.2002 alleging that her daughter Ichraj Kanwar was married to Mahaveer Singh S/o Shri Amar Singh, R/o village Lagwada, District Nagaur, on 26.05.1997. Her daughter Ichraj Kanwar used to be harassed by her husband Mahaveer Singh, father-in-law Amar Singh, elder brother-in-law Gopal Singh (Jeth), elder sister-in-law Kela Kanwar (Jethani) for not bringing sufficient dowry. They used to demand a sum of Rs.50,000/- in cash, gold jewellery viz. 'baju' and 'punchi', coloured television and freeze etc., and teased her of such demand. Whenever Ichraj Kanwar would visit her parental house, she would narrate the story of harassment at the hands of her in-laws. The complainant Gend Kanwar, her husband and other relatives went to the village of her in-laws and requested them not to harass Ichraj Kanwar. For sometime things become normal, but again they started persecuting Ichraj Kanwar on demand of dowry. She was subjected to beating and ultimately driven out of the home about one month ago. Ichraj Kanwar came to her parents' house at village Barwa. Mahaveer Singh came to Barwa on 08.11.2002. He wanted to take Ichraj Kanwar with him. He assured the complainant and her family that he would treat Ichraj Kanwar with due respect and would not harass her. On his assurance, Ichraj Kanwar and her one year old daughter Pinku Kanwar were sent with Mahaveer Singh. After few days, the complainant and her husband came to know that Mahaveer Singh did not reach his native village Lagwada. The complainant had every doubt that something untoward might happen to her daughter Ichraj Kanwar and grand daughter Pinku Kanwar.
(3.) On the basis of said written-report, the police registered regular First Information Report being F.I.R. No.339/2002 for offence under Sections 498A and 406 IPC and Section 4 of the Dowry Prohibition Act. Accused was arrested by the police at Railway Station Sikar at 10.15 AM on 01.04.2003 vide arrest-memo Exhibit P-20. Accused gave information under Section 27 of the Evidence Act at 10.30 am on the same day vide Exhibit P-21 that he can get dead-bodies of his wife Ichraj Kanwar and daughter Pinku Kanwar recovered from a well situated at a distance of about four kilometers from Mandawa on the road leading to Fatehpur. The dead-bodies were recovered on the same day. The offences of Sections 302 and 201 of the IPC were also added to the already registered FIR. Challan against accused was finally filed. Learned trial court framed charges against the accused for offence under Sections 498A, 406, 304B, 302 and 201 of the IPC. The prosecution produced 16 witnesses and got 21 documents exhibited. The defence did not produce any witness, though got 8 documents exhibited. Hence the appeal.;