GOVERDHAN BARDHAR,J. - (1.) The instant criminal appeal has been filed by the accused appellant against the Judgment of conviction and sentence dated 29.01.2014 passed by learned Addl. Sessions Judge, No. 1, Jhunjhunu, Camp Chirawa (Raj.) in Sessions Cases No. 96/2010 (121/2010) whereby the learned trial court has convicted and sentenced the accused appellant for the following offences:- U/s.304B IPC: Life imprisonment and a fine of Rs. 10,000/-, in default of payment of fine the accused appellant was to further undergo simple imprisonment of one year. U/s.498A IPC: Two years rigorous imprisonment and a fine of Rs. 2,000/-, in default of payment of fine the accused appellant was to further undergo simple imprisonment of three months. All the sentences were ordered to run concurrently.
(2.) Facts of the case briefly stated are that the complainant Matu Ram Saini s/o Prahlad Saini, r/o Village Sohasara, Tehsil Loharu, District Bhiwani (Haryana) submitted a written report (Ex.P7) on 16.07.2010 to the S.H.O., Police Station Pilani to the effect that he is permanent resident of Village Sohasara (Dhani Maliyan), Tehsil Loharu, Police Station Lohar, District Bhiwani (Haryana). He is about 50 years of age. The marriage of his daughter Sushila was solemnized on 9th November 2008 with Naresh Kumar s/o Baldev Saini, r/o Mohalla Rajpura (Pilani). Yesterday on dated 15.07.2010 at about 4:00 P.M Sanwar Mal Ji informed him on telephone that his daughter died due to Asphyxia as a result of strangulation. Immediately he along-with family members and persons of his village who were present, went to the house of his daughter. He did find his girl there at home and found that she was lying dead in the hospital. His daughter was being subjected to cruelty and torture by mother-in-law Manju, huband-Naresh, devar-Sandeep, nanad-Pinki for demand of dowry. They used to give beatings to his daughter several times for bringing motor-cycle in dowry. They used to pass on comments that his daughter was having mother. The complainant further mentioned in the written report that he gave dowry in the marriage beyond his capacity but the in-laws of Sushila were satisfied with the dowry given in the marriage. Due to this reason his daughter took this extreme stand. The FIR may kindly be registered and justice be done to him.
(3.) On recording the said written report, a case bearing No. 273/2010 (Ex.P8) for the offences under Sections 498A and 304B IPC was registered. After completion of investigation, the police submitted charge-sheet against accused appellant under sections 498A and 304B IPC in the Court concerned. After taking cognizance in the matter, the case was committed to the Court of Sessions Judge, Jhunjhunu from where the case was transferred to the learned trial court. The learned trial court thereafter framed the charges against the accused appellant under sections 498A and 304B IPC, who denied the charges and claimed to be tried. The prosecution in support of its case got the statements of eighteen witnesses recorded and thirty four documents exhibited. Thereafter, the accused appellant was examined under section 313 Cr.P.C., 1973 In defence, the accused appellant did produce any evidence and six documents got exhibited. The learned trial court after hearing the final arguments, convicted and sentenced the accused appellant for the charges levelled against him vide impugned judgment dated 29.01.2014. The accused appellant aggrieved and dissatisfied with the impugned judgment of conviction and sentence has preferred instant criminal appeal.;