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Gurucharan Kumar & Anr vs State Of Rajasthan on 8 January, 2003

Gurucharan Kumar & Anr vs State Of Rajasthan on 8 January, 2003
Author: B Singh
Bench: N S Hegde, B Singh.

CASE NO.:

Appeal (crl.) 1988 of 1996

PETITIONER:

Gurucharan Kumar & Anr.

RESPONDENT:

State of Rajasthan

DATE OF JUDGMENT: 08/01/2003

BENCH:

N. SANTOSH HEGDE & B.P. SINGH.

JUDGMENT:

J U D G M E N T

B.P. SINGH, J.

Deceased Geetu was married to Parvin Kumar on

28.04.1990 at Yamunanagar. Her father Ved Prakash, PW 1 is a lawyer of standing at Yamunanagar. After the marriage she started residing with her husband and his parents at Sriganganagar. Only 2-1/2 months later, on 13th July, 1990 Geetu committed suicide by hanging. Her parents were informed and they came to Sriganganagar. The post mortem examination of the dead body of Geetu was conducted on the 14th July, 1990, whereafter her body was cremated in the presence of her parents who had come to Sriganganagar along with other relatives. After the cremation at about 4 p.m., Ved Prakash, PW 1, father of Geetu drafted an F.I.R., Ex.P-5 and lodged the same at police station, Sadar, Sriganganagar at 8.30 p.m.. After investigation the appellants herein who are the parents of Parvin Kumar, the husband of the deceased, along with Parvin Kumar were put up for trial before the Additional District & Sessions Judge No.2, Sriganganagar in Sessions Case No.40 of 1991, charged of offences under Sections 304 B and 306 I.P.C.. By judgment and order dated 16th May, 1992 the trial court found them guilty of offences punishable under Sections 304 B and 306 I.P.C. and sentenced them to undergo 7 years simple imprisonment under Section 304 B I.P.C. and 5 years simple imprisonment and a fine of Rs.1000/- each for the offence punishable under Section 306 I.P.C., and in default of payment of fine to undergo simple imprisonment for 6 months.

The appeal preferred by the appellants and Parvin Kumar (husband of the deceased) was dismissed by the High Court by its judgment and order dated 21st March, 1996.

This appeal by special leave has been preferred by Gurucharan Kumar and Smt. Sudesh, the parents of Parvin Kumar only. We were informed that Parvin Kumar has not preferred an appeal to this Court since he had already undergone the entire sentence.

The prosecution has examined several witnesses to prove its case, but considerable reliance is placed on the evidence of Ved Prakash, PW 1 the father of the deceased, Anju Ahuja PW 3, the sister of the deceased and Yashoda PW-4, the mother of the deceased. The prosecution has also brought on record several letters written by deceased Geetu to her mother, sister and Minu, a friend, as also several letters written by her mother and sister to her. These letters and some other documents have been marked as Exhibits without objection. The letters said to have been written by Geetu have been duly proved to be in her hand-writing. There is also a suicide note left behind by the deceased, which has been marked as Ex. P-4 and has been proved to be in her hand- writing. These documents have been produced by the prosecution and the

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