HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Criminal Appeal No. 640 / 2010
Jeet Ram S/o Shri Kani Ram, by caste Jat, resident of village
Charanwasi, Tehsil Nohar, District Hanumangarh
[at present lodged at District Jail, Hanumangarh]
—-Appellant
Versus
State of Rajasthan
—-Respondent
Connected With
D.B. Criminal Appeal No. 34 / 2011
Nand Ram S/o Sh. Rawa Rawata Ram, by caste Jat, resident of
Hanumangarh Town, Tehsil Haumangarh, District Hanumangarh,
—-Appellant
Versus
1. State of Rajasthan
2. Rajji Ram S/o Sh. Kani Ram, by caste Jat, Resident of
Charanwasi,
3. Mst. Samesta W/o Sh. Rajji Ram, by caste Jat, resident of
Charanwasi, Tehsil Nohar, District Haumangarh
—-Respondent
__
Mr. Sunil Beniwal for appellant (Cr. Appeal No.640/2010)
Mr. Kulwant Singh for appellant/complainant (Cr. Appeal
No.34/2011)
Mr. Vishnu Kachhawa, PP
Mr. HSS Kharlia, Sr. Advocate with
Mr. Bhawani Singh, for the respondents (Cr. Appeal No.34/2011)
(2 of 18)
[CRLA-640/2010]
__
HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS
HON’BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
Per Hon’ble Mr. Justice Gopal Krishan Vyas :
Date of Judgment :: 11th July, 2017
DB Cr. Appeal No.640/2010 has been filed by the accused
appellant Jeet Ram under Section 374 (2) Cr.P.C. against the
judgment of conviction and sentence passed against him on
15.1.2010 passed by the learned Addl. Sessions Judge (FT) NO.2,
Hanumangarh, Headquarter Nohar in Sessions Case No.96/2007
(6/2007) whereby the accused appellant, Jeet Ram was convicted
for offence under Section 304 B and 498A of IPC and following
sentence was passed against him:
For offence u/s 304B IPC Life imprisonment.
For offence u/s 498A IPC Three years RI with fine of Rs.500/-
and in default of payment of fine
to further undergo one month RI.
[both the sentences were ordered
to run concurrently].
The D.B. Cr. Appeal No.34/2011 has been filed by the
complainant Nand Ram under Section 372 Cr.P.C. against the
same judgment dated 15.12.2010 passed in Cr. Case No.96/2007
(6/2007) by which the learned trial court acquitted the
respondents, Rajji Ram and Mst. Samesta W/o Rajji Ram from the
charge levelled against them under Section 498A and 304B IPC.
(3 of 18)
[CRLA-640/2010]
Both the appeals are arising out from the judgment dated
15.12.2010 passed in Cr. Appeal No.96/2007 (6/2007), therefore,
we are deciding both the appeals filed by the accused appellant
and complainant by this common judgment.
As per facts of the case, the complainant Nand Ram (PW–1)
submitted a written repot on 7.7.2006 at 11.00 am before the
SHO Police Station Nohar, District Hanumangarh alleging therein
that marriage of his daughter Suman was solemnized in the year
2001 with Jeet Ram S/o Kani Ram, resident of Charanwasi as per
hindu rites. At the time of marriage, ornaments and other articles
were given by the complainant-father as per his capacity but after
marriage, the behavior of her husband Jeet Ram and his elder
brother Rajiji Ram and his wife Samesta became bad and they
repeatedly made demand for cash and dowry articles and
harassed the deceased Suman. In the FIR, it is reported that
Suman (deceased) informed all happenings to her uncle Dilip
Chand and aunt Smt. Kamla and other relatives and ousted from
the house twice or thrice. The deceased gave birth to Rita
(daughter) and son. The brother-in-law Brijlal and Krishan Kumar
tried to settle the matrimonial life of them but after some time,
husband Jeet Ram and his brother and brother’s wife again started
demand of dowry.
Before 20 days of alleged incident, the brother of the
deceased Balveer visited the house of Suman where she informed
that she is being harassed and beaten for demand of Rs.10,000/-
otherwise you will be ousted from the house.
(4 of 18)
[CRLA-640/2010]
The complainant after borrowing Rs.5,000/- from one Madan
Lal gave to the deceased Suman to satisfy the demand of money.
In the FIR it is specifically stated that on 7.7.2006 telephonic call
received from Suman by the father in which it is informed that
since her brother gave less amount, therefore, her in-laws are not
happy and they might have killed me. Upon receiving such
information, the complainant went to the house of deceased, but
he was not permitted to meet his daughter. On the other day,
in-laws of the deceased Suman informed that your daughter has
suffered heart attack then complainant rushed to the in-laws
house of his daughter and found that husband and his elder
brother and wife of elder brother were present and his daughter
Suman was lying dead in the house.
As per complainant, there were injuries on her face and
neck, therefore he informed the incident to his relatives. Upon
aforesaid report submitted by the complainant, FIR no.338 was
registered at Police Station Nohar on 7.7.2006 for the offences
under Section 304B and 498A read with Section 34 IPC against
the accused appellant Jeet Singh, brother Rajji Ram and his wife
Smt. Samesta and investigation was commenced. During
investigation, post mortem of the dead body was conducted and
after arrest of the accused appellant as well his brother Rajji Ram
and his wife Smt. Samesta, investigation was conducted from
them and after completing investigation charge-sheet was filed
against the accused appellant Jeet Ram and his brother Rajji
Rama and Smt. Samesta wife of Rajji Ram in the court of Chief
(5 of 18)
[CRLA-640/2010]
Judicial Magistrate, Nohar. The offence committed by the accused
appellant was triable by Sessions Judge, therefore, the learned
Magistrate Committed the case to the Sessions Court,
Hanumangarh for trial, but it was transferred for trial in the court
of Addl. Sessions Judge (FT) No.2, Hanumangarh Headquarter
Nohar.
The learned trial court after providing an opportunity of
hearing framed charge against the accused appellant Jeet Ram
and his brother Rajji Ram and his wife Smt. Samesta under
Section 498A and 304 IPC and commenced the trial.
To prove the prosecution case following witnesses were
examined:
PW–1 Nand Ram, complainant father
PW–2 Madan Lal, cousin brother of the deceased Suman
PW–3 Krishan Chand, real maternal uncle of deceased Suman
PW–4 Suresh Kumar, owner of the STD PCO situated near the
house of complainant Nand Lal at Haumangarh Town.
PW–5 Balveer, brother of the deceased
PW–6 Narendra Ola, CEO, Nohar who commenced the
investigation.
PW–7 Vimla Devi, mother of the deceased
PW–8 Saroj, real sister of the deceased Suman
PW–9 Dr. Vinod Chomwal, who has conducted the post mortem of
the deceased at Government Hospital, Nohar
PW–10 Ram Kishan Songara, CEO (ST/SC Cell), Hanumangarh
(6 of 18)
[CRLA-640/2010]
No other witness is produced in support of prosecution case.
Although in the charge-sheet list of 27 witnesses was given but
out of 27 witness 17 witnesses were not produced before the court
in support of prosecution case.
After recording evidence of prosecution, the learned trial
court recorded statement of all the three accused under Section
313 Cr.P.C., but they denied all the allegations of witnesses and
gave specific reply by Rajji Ram, brother of Jeet Ram and Smt.
Samesta that they are not residing with the appellant Jeet Ram,
they are living separately and submits that all the allegations
levelled by the prosecution witnesses with regard to dowry are
false.
In defence, following six witnesses were examine from
defence side:
DW-1 Ram Jas
DW-2 Jeet Ram
DW-3 Raja Ram
DW-4 Pratap Singh
DW-5 Ladu Ram
DW-6 Pratap
After recording evidence of prosecution as well as defence,
the learned trial court heard final arguments of the case and
convicted the accused appellant Jeet Ram husband of the
deceased for committing offence under Section 304B and 498A
IPC but acquitted the accused Rajji Ram S/o Kani Ram and his
(7 of 18)
[CRLA-640/2010]
wife Smt. Samesta from the charge levelled against them for
offence under Section 304B and 498A IPC vide judgment dated
15.10.2010 in Sessions Case No.96/2007 (6/2007).
DB Cr. Appeal No.640/2010 has been filed by accused
appellant Jeet Ram against the conviction and sentence passed
against him vide judgment dated 15.12.2010 whereas DB Cr.
Appeal No.34/2011 has been filed by the complainant Nand Ram
against finding of acquittal of Rajji Ram and Smt. Samesta wife
of Rajji Ram.
Learned counsel for the appellant Jeet Ram restricted his
arguments to the extent of quantum and submits that although all
the allegations levelled by the prosecution for demand of dowry
are false but appellant has been convicted for offence under
Section 304B IPC on the ground that Suman died in her in-laws
house within seven years upon presumption and passed the
sentence for life imprisonment, but it is not a rarest of rare case
in which maximum punishment provided in the IPC for offence
under Section 304B IPC could be imposed. Learned counsel for
the appellant submits that during trial, the appellant Jeet Ram was
on bail and after conviction vide judgment dated 15.12.2010 he is
behind the bars.
Learned counsel for the appellant submits that under Section
304B IPC the trial court has jurisdiction to pass maximum
sentence upto life imprisonment and minimum sentence of 7 years
is to be passed upon the seriousness of the case, but here in this
case, the charge-sheet was filed against the accused appellant
(8 of 18)
[CRLA-640/2010]
and his brother and brother’s wife on the basis of statement of 27
witnesses, but only ten close relative witness of the deceased
Suman were produced in the court out of 27 witness and 17
witnesses were not produced to support the prosecution case
though their names were included in the list. Further, it is
submitted that for inflicting maximum punishment, the court was
required to consider surrounding circumstances and seriousness of
the fact as per the evidence on record. Admittedly, the deceased
died due to hanging as per prosecution case. The marriage of
accused appellant was solemnized in the year 2000 and incident
took place in the year 2006 and as per statement of PW–9 Dr.
Vinod Chomwal the cause of death was asphyxia, recorded in
post mortem report Ex.P/13. In the cross-examination it is
specifically stated by the doctor that there was no external ante
mortem injury and it is a case of hanging, therefore, obviously,
there is no allegation of causing any injury before death to the
deceased, but the learned trial court passed sentence for life
imprisonment which is maximum sentence provided in the IPC in
Section 304B IPC. The argument of the learned counsel for the
appellant is that as per evidence on record the conduct of the
accused appellant was bad with the deceased but there is no
evidence of any incident for causing injuries to the deceased,
more so, from the wedlock of accused appellant and deceased
Suman, two issues were born, who are alive. Therefore, it is
submitted that on the basis of surrounding circumstances the
sentence of life imprisonment for the offence under Section 304B
(9 of 18)
[CRLA-640/2010]
IPC passed upon presumption may be reduced from life
imprisonment to already undergone. In support of his
arguments, learned counsel for the appellants invited our
attention towards the judgment of the Hon’ble Supreme Court in
the case of Sunil Dutt Sharma Vs. State (Government of NCT of
Delhi) reported in (2014) 4 SCC 375 in which the Hon’ble
Supreme Court held that at the time of inflicting punishment, the
surrounding circumstances are required to be seen to pass
maximum sentence and in this case, there is no evidence of
regular quarrel or beating and demand of dowry, therefore,
sentence of life imprisonment passed against the accused
appellant Jeet Ram may kindly be reduced from life imprisonment
to already undergone because it is not rarest of rare case in which
maximum sentence can be passed.
Per contra, learned Public Prosecutor as well as learned
counsel for the complainant vehemently opposed the grounds
raised by the learned counsel appearing for the appellant to
reduce the sentence and submits that it is a case in which a young
girl was murdered in her husband’s house due to hanging and
there is ample evidence on record to prove the allegation of
demand of dowry. While inviting attention towards the statement
of complainant PW–1 and other relatives it is vehemently argued
that conviction and sentence passed by the learned trial court
against the accused appellant for offence under Section 304B and
498A IPC does not require any interference.
(10 of 18)
[CRLA-640/2010]
Learned counsel for the complainant submits that a grave
error has been committed by the learned trial court so as to acquit
the elder brother Rajji Ram and his wife Samesta of the accused
appellant Jeet Ram because both these persons were residing in
the same house where Jeet Ram and deceased Suman were
residing and in the FIR itself allegations were levelled by the
complainant against them also for demand of dowry, so also,
cruelty was committed by them with deceased Suman right from
marriage, therefore, the learned trial court ought to have
considered the evidence to convict Rajji Ram and his wife Smt.
Samesta alongwith main accused Jeet Ram, husband of Suman.
The learned trial court committed a grave error to acquit Rajji
Ram, brother of the accused appellant Jeet Ram and his wife
Samesta while giving erroneous finding, therefore, the finding of
acquittal recorded by the learned trial court for Rajji Ram and
Samesta may kindly be set aside and they may also be convicted
for offence under Section 498A and 304B IPC.
Learned counsel appearing on behalf of the complainant
while arguing the appeal against the acquittal of Rajji Ram and
Smt. Samesta submits that all the prosecution witnesses
categorically made allegations for demand of dowry against Rajji
Ram and his wife Smt. Samesta and proved the fact that they are
liable to be punished under Section 304B IPC while drawing
presumption against them because they were residing with the
accused appellant in the same house where hanging took place.
According to the prosecution, the death of Suman was unnatural,
(11 of 18)
[CRLA-640/2010]
therefore, there is no reason to disturb the finding of the learned
trial court of conviction against the husband Jeet Ram and
further to quash the finding of acquittal recorded by the learned
trial court for acquittal against Rajji Ram and his wife Smt.
Samesta, therefore, while dismissing the appeal filed by the
accused appellant, the appeal filed by complainant Nand Lal
against finding of acquittal of Rajji Ram and Smt. Samesta,
brother and brother’s wife of accused appellant Jeet Ram kindly be
allowed and they may also be convicted for offence under Section
304B and 498A IPC.
The learned Senior Advocate Sh. HHS Kharilia, assisted by
learned counsel Bhawani Singh appearing in D.B. Cr. Appeal
No.34/2011 filed by the complainant Nand Lal argued that no
error has been committed by the learned trial court so as to acquit
Rajji Ram and his wife Smt. Samesta. The learned senior counsel
vehemently argued that Rajji Ram is residing separately which is
evident from the site plan (Ex.P/4) and investigating officer has
accepted in his statement that Rajji Ram and Smt. Samesta were
not living with the accused appellant Jeet Ram and deceased
Suman, therefore, on the aforesaid fact no presumption can be
drawn against them to hold them guilty for offence under Section
304B IPC or 498A. Learned Senior Advocate further argued that it
is a case in which all the prosecution witnesses are close relatives
of the deceased Suman and independent witnesses though
arrayed in the list of witnesses but not produced before the court,
in the defence six witnesses were produced from accused side and
(12 of 18)
[CRLA-640/2010]
they categorically proved that there was no demand of dowry and
deceased committed suicide, therefore, no presumption can be
drawn to convict Rajji Ram and Samesta for the offence under
Section 304B and 498A IPC, therefore, prayed that the appeal
filed by the complainant Nand Ram against the judgment of
acquittal of Rajji Ram and Smt. Samesta may kindly be dismissed.
After hearing learned counsel for the parties, first of all we
are considering the arguments of learned counsel Mr. Sunil
Beniwal, appearing on behalf of accused appellant, Jeetram, (DB
Cri. Appeal No.640/2010) field against the judgment dated
15.10.2010 by the trial Court for the offence under Sections 304B
and 498A of IPC. There is no dispute that marriage of accused
appellant, Jeetram was solemnized with deceased, Smt. Suman in
the year 2001. It is also not in dispute that out of their wedlock,
two issues (Rita and son) were born and they are still alive. It is
also admitted position of the case that out of 27 witnesses
mentioned in the list of witnesses filed along with charge sheet,
but only 10 witnesses were produced before the trial court to
prove the case. Out of 10 witnesses, PW.1- Nandram (father of
deceased), PW.2- Madanlal (cousin brother of deceased), PW.3-
Krishan Chand (real maternal uncle of deceased), PW.7- Smt.
Vimla Devi (mother of deceased) and PW.8 Mst. Saroj (real sister
of deceased) and no other independent witness is produced before
the court to prove the allegations of cruelty, harassment and
demand of dowry. Admittedly, all these witnesses are not residing
in the village where deceased and appellants were residing.
(13 of 18)
[CRLA-640/2010]
Upon perusal of the statement of PW.9- Dr. Vinod Chomwal,
it is also obvious that no external injury was found upon the body
of deceased, Smt. Suman. In the examination in chief, Dr. Vinod
Chomwal (PW.9) categorically stated that, “gk;kM
s Z ckusa LoLFk Fkh o vius
LFkku ij FkhA oVhcZ j dkWye eas dkbs Z QzsDpj ugha ik;k x;kA ¼ljokbZdy½A “kjhj ij dkbs Z
ckgjh pkVs ugha FkhA e`R;q i”pkr dh tdMu+ ekStnw FkhA” and in the cross
examination said witness said that, “;g lgh gS fd e`Rrdk ds “kjhj ij ckMs Z
us ckgjh rkSj ij dkbs Z e`R;qiow Z dh pkVs ugha ik;hA ;fn dkbs Z O;fDr thfor voLFkk eas
Qkl
a h [kkrk gS rks mlds eqga ds dkus s ls ykj vkrh gSA gk;kMs ckus dk n:
q Lr gkus k
lkekU;r;k vkRegR;k dks nf”kZr djrk gSA”
Meaning thereby, the allegations of beating or causing injury
has not been proved by the prosecution. More so, as per opinion
of the doctor symptoms loudly speak that it was a case of suicide.
In defence, six witnesses were produced by the accused
appellants. Most of the witnesses stated on oath that relationship
of the deceased and appellant was cordial and they never saw any
quarrel in between the couple. Accused appellant Jeet Ram
himself appeared before the court as DW.2, and narrated the
story with regard to other dispute in between his father-in-law,
Nandram and him. He has explained as to why deceased
committed suicide. Admittedly, the counsel for appellant has not
challenge the finding of conviction recorded against the accused
appellant, Jeetram, under Section 304B of IPC and restricted his
prayer only to reduce the sentence of life imprisonment to the
period already undergone which is more than seven years. In
support of his arguments, learned counsel for the appellants has
(14 of 18)
[CRLA-640/2010]
invited our attention towards judgment of Hon’ble Apex Court in
the case of Sunil Dutt Sharma Vs. State (Govt. of NCT of Delhi)
reported in (2014) 4 SCC 375. In the aforesaid judgment while
considering the identical case, the Hon’ble Apex Court reduced the
sentence of life imprisonment to ten years and laid down
parameters for passing sentence for offence u/s 304B IPC, which
reads as infra:
“16. Applying the above parameters to the facts of the
present case it transpires that the death of the wife of the
accused-appellant occurred within two years of marriage.
There was, of course, a demand for dowry and there is evidence
of cruelty or harassment. The autopsy report of the deceased
showed external marks of injuries but the cause of death of
deceased was stated to be due to asphyxia resulting from
strangulation. In view of the aforesaid finding of Dr. L.T.
Ramani (PW-16) who had conducted the postmortem, the
learned Trial Judge thought it proper to acquit the accused of
the offence under Section 302 of the Penal Code on the benefit of
doubt as there was no evidence that the accused was, in any
way, involved with the strangulation of the deceased. The
proved facts on the basis of which offence under Section 304-B of
the Penal Code was held to be established, while acquitting the
accused-appellant of the offence under Section 302 of the Penal
Code, does not disclose any extraordinary, perverse or diabolic
act on the part of the accused-appellant to take an extreme view
of the matter. Coupled with the above, at the time of
commission of the offence, the accused-appellant was about 21
years old and as on date he is about 42 years. The accused-
appellant also has a son who was an infant at the time of the
occurrence. He has no previous record of crime. On a
cumulative application of the principles that would be relevant
to adjudge the crime and the criminal test, we are of the view
(15 of 18)
[CRLA-640/2010]that the present is not a case where the maximum punishment of
life imprisonment ought to have been awarded to the accused-
appellant. At the same time, from the order of the learned Trial
Court, it is clear that some of the injuries on the deceased,
though obviously not the fatal injuries, are attributable to the
accused-appellant. In fact, the finding of the learned Trial
Court is that the injuries No. 1 (Laceration 1″ x ½” skin deep
on the side of forehead near hair margin) and 2 (Laceration 1
½” x 1″ scalp deep over the frontal area) on the deceased had
been caused by the accused-appellant with a pestle. The said
part of the order of the learned Trial Court has not been
challenged in the appeal before the High Court. Taking into
account the said fact, we are of the view that in the present case
the minimum sentence prescribed i.e. seven years would also
not meet the ends of justice. Rather we are of the view that a
sentence of ten years RI would be appropriate.
17. Consequently, we modify the impugned order dated
4.4.2011 passed by the High Court of Delhi and impose the
punishment of ten years RI on the accused-appellant for the
commission of the offence under Section 304-B of the Penal Code.
The sentence of fine is maintained. The accused-appellant who
is presently in custody shall serve out the remaining part of the
sentence in terms of the present order.”
In the aforesaid judgment, the Hon’ble Apex Court reduced
the sentence of life imprisonment passed against the accused
(appellant therein) under Section 304-B of IPC to 10 years’
rigorous imprisonment on the ground that at the time of incident,
accused appellant of that case was 21 years of age and now he is
42 years of age, and further the appellant is having son who was
infant at the time of occurrence; and there is no previous record
of crime. The Hon’ble Apex Court further observed that some of
(16 of 18)
[CRLA-640/2010]
injuries were found upon the body of the deceased and those
injuries were not fatal in nature, therefore, reduced the sentence
from life imprisonment to ten years’ RI.
In the instant case, as per opinion of the doctor, there was
no external injury upon the body of the deceased, accused
appellant have two issues one daughter and a son and as per
statement of doctor it is a case of suicide, therefore, we are
inclined to accept the prayer of the accused appellant that is not
rarest of rare case, in which maximum punishment i.e. life
imprisonment for offence u/s 304B of IPC could be imposed. It is
also one of important fact that there is no finding of cruelty on
record because no incident is reported by the prosecution with
regard to cruel attitude of the accused appellant and his family
member. Thus, in view of above discussion, the prayer of the
accused appellant- Jeetram to reduce the sentence deserves
acceptance.
Now, we are considering the appeal filed by the complaint,
Nandram (DB Cri. Appeal No.34/2011) assailing the judgment
impugned dated 15.12.2010 whereby, respondents No.2 Rajji
Ram (brother-in-law of deceased) and Mst. Samesta (Bhabhi of
deceased) were acquitted from the charges under Sections 498A
and 304B of IPC. Admittedly, Rajji Ram is the brother of Jeetram
and as per site plan Ex.P/4) he was not residing with the accused,
Jeetram. It is also worthwhile to observe that on the basis of
evidence on record, no presumption can be drawn under Section
304B of IPC against Rajji Ram and Mst. Samesta for the allegation
(17 of 18)
[CRLA-640/2010]
of demand of dowry. Admittedly, out of 27 witnesses (whose
names were mentioned in the list of witnesses at the time of filing
the charge sheet) only 10 witnesses were produced before the
court and out of 10 witnesses, six witnesses are close relatives of
the deceased.
Upon perusal of statements of complainant, Nandram, and
his other relatives, we are of the opinion that their allegations for
demand of dowry are general in nature against Rajji Ram and Mst.
Samesta because they are brother and brother’s wife of main
accused, Jeetram. In our opinion, no presumption can be drawn
against them under Section 304B of IPC because neither they
were residing in the house of Jeetram, nor any trustworthy and
reliable evidence is on record so as to prove their implication to
commit cruelty against deceased Smt. Suman. It is true that
certain allegations are levelled by the complainant in the FIR for
demand of dowry with regard to behaviour of Rajji Ram and his
wife, acquitted by the trial court, but in our opinion, the trial court
has rightly assessed the entire evidence to acquit them from the
charges levelled against them. We have also considered the
argument of learned counsel for the appellant that, it is beyond
imagination that elder brother (Rajji Ram) will demand ten
thousand rupees from the younger brother’s wife and in-laws of
his brother and participate to commit offence of murder of his
younger brother’s wife.
The entire evidence loudly speaks that statements of all the
prosecution witnesses cannot be treated reliable or trustworthy so
(18 of 18)
[CRLA-640/2010]
as to hold accused, Rajji Ram and Mst. Samesta for offence under
Sections 304B and 498A of IPC because they were residing
separately and there is no specific allegation or any incident
reported in the statement of the prosecution witnesses for their
participation, upon general allegations no finding of cruelty can be
recorded against the respondents No.2 and 3, therefore, the D.B.
Criminal Appeal No.34/2011 filed by the complainant, Nandram,
lacks merit and deserves to be dismissed.
In view of above discussion, the D.B. Criminal Appeal
No.640/2010 filed by the appellant- Jeet Ram is hereby partly
allowed and while maintaining the conviction against the accused
appellant Jeet Ram under Section 304-B and 498-A of IPC, the
sentence of life imprisonment imposed against him for the offence
under Section 304-B of IPC, is hereby reduced to seven years’
rigorous imprisonment but conviction and sentence for the offence
u/s 498A of IPC is hereby maintained. The judgment impugned
dated 15.12.2010 passed by learned Addl. Sessions Judge (FT)
No.2, Hanumangarh HQ- Nohar, in Session Case No.96/2007
(6/2007) is, modified accordingly.
The D.B. Criminal Appeal No.34/2011 filed by complainant
against the acquittal of Rajji Ram and Smt. Samesta is hereby
dismissed.
(MANOJ KUMAR GARG)J. (GOPAL KRISHAN VYAS)J.
cpgoyal/ps