Shiv Kumar Sharma, J. - (1.) Trouble, torture, reproach, disaster. what all have not Radha suffered in her married life ? Her dead body was found in her inlaw's house with ligature marks on her neck. Her husband Jagdish, mother-in-law Smt. Bhagwati and father-in-law Nand Lal were arrested by the police for committing her murder. They were tried by the Additional Sessions Judge No. 2 Ajmer in Sessions case No. 8/1992 (old No. 36/91) and convicted and sentenced as under: JUDGEMENT_100_LAWS(RAJ)7_19961.html The sentences had to run concurrently.
(2.) Aggrieved by the conviction, present action for filing the appeal has been resorted to.
(3.) The material facts that lie in short compass are thus : (i) Informant Hiralal Mali (PW 7), neighbour of the accused appellant lodged a written report (Ex.P 5) on 18.7.91 at 2.30 PM. with the police station Sawar, Dist Ajmer, stating therein that about five years back Smt. Radha (deceased) was married to Jagdish Sunar (accused appellant) who about six months before, entered into second marriage with Smt. Lad but she could not adjust with him and left his house. Again, to arrange his another Nata Marriage' a few persons came from Jaipur but on found his first wife Smt. Radha in his house they imposed condition to do away with her first. As such to secure this object, Jagdish, his father Nand Lal and Nand Lai's wife committed murder of Smt. Radha whose body was lying in their house and they wanted to cremate it hurriedly The neighbours suspected motive of dowry behind the murder A case under section 304-B I PC. was registered at the Police Station Sawar and investigation commenced (ii) Post-mortem of dead body of Smt. Radha was conducted by Dr. Arun Kumar Bhargava (Pw. 16), Dr. A.K. Sharma (PW 17) and Dr. Mahesh Agrawal (PW. 12) and following observations were made by them in the post-mortem report (Ex.P 8) : "Dark coloured blood tinged froth present in mouth and initial faceal matter came out of anus. 0.7 cm. wide mark of ligature present from right mastoid process, front of neck, left side of neck right up to the middle of the post part of spinal column. Darkening almost black colouration of the skin present on face, neck and upper part of the chest. Post-mortem lividity present, post on back and pressure points." In the internal examination fractures of tracheal cartilages and fracture of hyoid bone were found. The cause of death was asphyxia as a result of ante-mortem strangulation by a cord. (iii) The I.O. recovered 45 ft. long plastic cord at the instance of accused Jagdish Sunar through recovery memo (Ex.P 3) Three letters Ex.P 8, P 9, P 10 were also recovered out of which two were said to be in the hand writing of deceased Smt. Radha. (iv) After usual investigation, Investigating Officer laid the charge-sheet in the court of Addl. Munsif and Judicial Magistrate, Kekdi from where the case was committed to the court of Addl. Dist. and Session Judge, Beawar. On 8.11.91 charges Under section 304-B and 306 were framed. The accused appellants denied charges and claimed trial. The case was again transferred to the court of Addl. Dist. and Session Judge No. 2, Ajmer on 31.3.92. (v) The prosecution examined as many as 18 witnesses in support of its case, thereafter statements of accused appellants were recorded Under section 313 Cr.PC. No witness on behalf of defence was produced and the case was posted for final argument. On 2.8.94 an application was filed by Addl. Public Prosecutor for framing addl. charges Under section 302 and 201/511 I.P.C. against the accused persons. The application was accepted by the trial court vide order dated 16.8.94 and additional charges were framed Under section 302 read with 201/511. Accused persons denied the charges but the prosecution witnesses already examined, were not recalled as the counsel for the accused did not want to cross-examine them. (v) The trial court convicted and sentenced the accused persons as mentioned therein above.;