- (1.) SHYAM Lal, on 28.2.2000, was married with Anjali @ Pinky daughter of the complainant Mohanlal (P.W.6). On 28.4.2005 at about 7:30 -8:00 PM information was received by Mohanlal (P.W.6) that his daughter Anjali @ Pinky has died in her matrimonial home. Mohanlal appeared at Police Station Bandikui on 29.4.2005 at 8:30 AM and presented the written complaint (Ex.P.13) on the basis whereof formal FIR (Ex.P.14) bearing No.272/05 was registered at P.S. Bandikui, District Dausa for offence under Sections 498A, 304B IPC. Investigating agency had sent present appellant Shyam Lal and his mother Smt. Manohari Devi for trial.
(2.) THE court of Additional Sessions Judge, Bandikui vide impugned judgment dated 1.5.2009 recorded acquittal of Smt. Manohari Devi and holding that all ingredients of offence under Section 304B IPC are made out, convicted the appellant for offence under Section 302 IPC primarily on the ground that medical evidence prove death of Anjali @ Pinky to be murder. We shall reproduce following finding returned by the trial court in the impugned judgment: -
(3.) A question has arisen before us where all family members of husband are named as accused can it be presumed that husband alone is responsible for murder and if ingredients of offence under Section 304B IPC are made out with aid of Section 113B of the Indian Evidence Act and presumption is available to prosecution qua offence of dowry death still by invoking Section 106 of the Indian Evidence Act, presumption is to be drawn against husband for murder? Before we answer the above question, it will be necessary for us to reproduce English translation of the written report (Ex.P.13) presented by Mohanlal (P.W.6) before Bhoma Ram (P.W.16) who was then posted as SHO, Police Station Bandikui, as under: - JUDGEMENT_330_LAWS(RAJ)3_2015.htm It is submitted that on 28.2.2000 my daughter, Anjali @ Pinky, was married with Shyam Lal S/o. Kishanlal Bairwa, r/o. Tikawali, Village Bhandeda according to Hindu customs and rites at Mahesh Nagar, Jaipur. After marriage, my daughter was harassed and maltreated by his father -in -law Kishanlal, mother -in -law Manohari Devi, sister -in -law Kamlesh, younger brother -in -law Motilal, elder brother -in -law Heeralal, husband Shyam Lal and another younger brother -in -law Rajkumar. They also used to inflict physical cruelty upon her. Every day they used to beat my daughter and use to say that go and bring dowry from your father otherwise you will not be permitted to reside and you will be killed. On 27.4.2005 at about 11:00 AM my daughter informed me on telephone "Papa my Devar Motilal, Rajkumar, mother -in -law and sister -in -law Kamlesh are beating me and are saying they will finish me and murder me. On 28.4.2005 at about 7.30 -8.00 PM I received a telephone from Village Tikawali and in -laws of my daughter informed that condition of your daughter is precarious and we should immediately reach after arranging conveyance. We reached Tikawali and found that our daughter was lying dead in the Chowk. Everybody had killed my daughter by strangulating her with a Sari. Therefore, it is requested that report be registered and legal action be taken against the accused and they be punished. JUDGEMENT_330_LAWS(RAJ)3_12015.htm;