State Of Rajasthan vs Dara Ram

Dr. Pushpendra Singh Bhati, J

This Criminal Appeal under Section 374 Cr.P.C. has been preferred by the appellant-State against the judgment dated 03.07.1999 passed by learned District & Sessions Judge, Churu in Sessions Case No.3/1999, whereby the learned court has acquitted the accused-respondent for the offence under Section 306 IPC.

Learned Public Prosecutor appearing on behalf of appellant-State submits that the incident in question was that the girl Manju was married to Dara Ram about two years before the incident when the complainant father had completed the marriage ceremony to the best of his capacity. The girl Manju constantly complained to her father regarding the demand of dowry and general cruelty of sister-in-law Reshma and brother-in-law. The complainant thereafter, submitted that in the ongoing dispute, the girl Manju committed suicide on 13.06.1998.

Learned Public Prosecutor further submits that there was ample evidence on record for the learned trial court to convict the accused persons, but the learned trial court has not considered the same.

Learned counsel for the accused-respondent submits that the suicide in question was proved by the medical report, which was Exhibit-1 and supported by the evidence of PW-1 Dr. Ramesh Sundaria.

Learned counsel has further pointed out that the statement of PW-2 Dana Ram and PW-3 Gopi have supported the death, but have not clarified the reasons behind the death and in fact they have deposed that she was never troubled by her husband. It is another thing that Dana Ram was declared hostile by the learned trial court. Learned counsel also submits that the main accused-husband was suffering from prolonged disease of Tuberculosis.

After hearing learned counsel for the parties as well as perusing the record of the case, this Court is of the opinion that the learned trial court has considered the statements of PW-2 and PW-3 along with the PW-1 for arriving at a considered order of acquittal. The learned trial court has rightly extracted from the record that there was no immediate cruelty, which was reported. The learned trial court has also observed that none of the independent witnesses have supported even a small part of the story, the demand of dowry has not been established. The overall consideration by the learned trial court is justified in light of the fact that the ingredients of Section 107 IPC are not being found in the evidence.

In light of the aforesaid observations, the present criminal appeal no more survives and the same is accordingly dismissed. All pending applications stand disposed of. Record of the learned trial court be sent back forthwith.