MEHTA,J. - (1.) The accused appellant Khemaram has been convicted and sentenced as below vide judgment dated 27.11.2015 passed by the learned Sessions Judge, Jaisalmer in Sessions Case No.15/2014: Offences Sentences Fine Fine Default sentences Under Section Life Imprisonment _ _ 304B IPC Under Section 3 Years' R.I. Rs.5,000/ Three Months' 498A IPC Simple Imprisonment All the sentences were ordered to run concurrently. He has preferred the instant appeal under Section 374(2) Cr.P.C. for assailing his conviction and sentences as awarded to him by the trial court.
(2.) The brief facts relevant and essential for deciding the instant appeal are noted herein below: Ranaram (PW-10), the complainant herein, submitted a report (Ex.P/13) to the SHO Police Station Ramgarh, District Jaisalmer on 06.10.2013 at about 11.30 am. alleging inter alia that his daughter aged 23 years, was married to Khemaram (appellant herein) on 27.04.2008. Two children (a boy and a girl) were born from the wedlock of the appellant with Smt. Santosh. Smt. Santosh was being harassed and humiliated in the matrimonial home on account of demand of dowry. On 06.10.2013, Pancha Ram (PW-1) called the first informant at about 01.00 am and told him that Santosh had ended her life by hanging. Upon receiving this information, the complainant accompanied by Kaluram, Pritam Ram, Jwara Ram, Tiloka Ram and Kilana Ram, went to the matrimonial home of Smt. Santosh and saw her deadbody lying on the floor of Kotha. Mark of a noose was clearly visible on her neck. Bhikharam son of Miraj Ram, had earlier threatened the complainant stating that Smt. Santosh would be killed. The informant cast suspicion upon Bhikharam, Janwru Ram, Khemaram and Meraj Ram and also alleged that his maternal grandson, Swaroop aged 3 years, told him that his father had killed his mother by pressing her neck. The complainant alleged that his daughter had been killed by Bhikharam, Meraj Ram, Janwru Ram and Khemaram for greed of dowry. On the basis of this report, a formal FIR No.91/2013 (Ex.P/13) was registered at the Police Station Ramgarh for the offences under Sections 498A and 304B IPC and investigation was commenced.
(3.) The accused appellant was apprehended and after concluding investigation, a charge-sheet came to be filed against him for the offences mentioned above. Since the offences were Sessions triable, the case was committed to the Court of Sessions Judge, Jaisalmer, who framed charges against the accused for the above offences. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 26 witnesses and exhibited 13 documents in support of its case. Upon being questioned under Section 313 Cr.P.C., the accused denied the prosecution allegations and claimed that his wife Santosh was mentally disturbed. She would often go away to her father's house where she was provided treatment for her problem. The complainant party had manipulated the case by creating pressure on the administration. Smt. Santosh was never harassed or humiliated on account of demand of dowry. She was not desirous of continuing the matrimonial relationship with the appellant and despite her resistance, she was pressurised by her paternal relatives to do so on which, she became perturbed and ended her own life by hanging. The accused examined himself as a witness in defence. Upon hearing the arguments advanced by the prosecutor, the defence counsel and appreciating the evidence available on record, the trial court proceeded to convict and sentence the appellant as above. Hence this appeal.;