Vijay Kumar Vyas, J. - (1.) This criminal appeal has arisen out of judgment dated 21.6.1991 passed by learned Special Court (Sati Prevention) and Additional Sessions Judge, Jaipur City, in Sessions Case No.22/1988, whereby appellants were acquitted from charge u/s 306 IPC and convicted for offence u/s 498A IPC and ordered each appellant to undergo two years' rigorous imprisonment with fine of Rs.100/-; in default of payment thereof, to further undergo one month's simple imprisonment.
(2.) Brief facts giving rise to the appeal are that complainant - Bhagwan Dass (PW-1) submitted on 2.8.1987 a written report (Ex.P-1) before SHO, Police Station Adarsh Nagar, Jaipur, alleging inter alia that his daughter Maya (deceased) was married 11 years ago with appellant Dhanraj. She was often beaten by father-in-law (Chetan Dass), mother-in-law (appellant Jassi Devi), brother-in-law (looser) {appellant Dilip Kumar}, husband (appellant Dhanraj) and both sisters-in-law, as a consequence Maya was staying with complainant since last two months. During this period, her in-laws were not allowing three children of Maya to meet with their mother. On 29.7.1987 at about 10.00 PM, in-laws of Maya assured Bhagwan Dass that in future there would be no beating & harassment and taken away Maya to their house. Today ( on 2.8.1987) in the morning at about 7 O'clock nephew Dalpat Rai came and informed that Maya is lying dead in her house. Immediately, Bhagwan Dass rushed and reached at Maya's matrimonial house within half a minute and saw that Maya was lying dead on a cot. He has doubt that either Maya has been murdered by her in-laws or inlaws have created such situation that she was compelled to commit suicide. Committing suicide seems not possible because her in-law's house is just half a minute away from his house. Had she committed suicide by hanging, before getting her body down if he were called, he would not have suspected. His daughter has died in suspicious circumstances. Evidence has also been destroyed. On this report, formal FIR No.125/1987 (Ex.P-2) was registered at Police Station Adarsh Nagar, Jaipur. After due investigation, charge sheet was filed against Chetan Dass (father-in-law), Poonam (sister-in-law), Dilip Kumar (brother-in-law), Dhanraj (husband) and Jassi Devi (mother-in-law) for offence u/s 306 and 498A IPC.
(3.) Learned trial court charged them for offence u/s 306 and 498A IPC. All the accused denied the charges and claimed trial. Prosecution examined 15 witnesses and exhibited 14 documents. Accused were examined by the trial court u/s 313 Cr.P.C. They again stated the prosecution evidence to be false and wrong. Appellant Dhanraj stated that two months prior to incident, Maya was taken away to her parental house by her mother Krishna to attend engagement ceremony of daughter of Gyan Chand after seeking his permission. His father was blind since prior to marriage of Maya. Maya wanted to live separately. He denied because his father was blind and sister was yet to be married. He had purchased a house, Bhagwan Dass lived in that house for 2 years, thereafter he asked them to vacate the house. Due to this, Bhagwana Dass was annoyed. He also wanted to get her younger daughter married with accused's brother and the proposal was turned down. Maya wanted to get separated. Appellant Jassi Devi also stated that the proposal for marriage of younger daughter of Bhagwan Dass with her younger son Dilip Kumar, was turned down and house was also get vacated. Due to these reasons, they were annoyed. Appellant Dilip has also stated same thing. In all, 7 witnesses were examined and 5 documents were exhibited on behalf of defence. Learned trial court, after hearing both the parties, vide impugned judgment convicted and sentenced the appellants, as stated above. By the same judgment, accused Chetan Das and Ms Poonam were acquitted of all the charges.;