State Of Rajasthan vs Teg Bahadur & Ors on 29 September, 2004
Author: . A Lakshmanan
Bench: K Balakrishnan, . A Lakshmanan
Appeal (crl.) 639 of 1998
State of Rajasthan
Teg Bahadur & Ors.
DATE OF JUDGMENT: 29/09/2004
K.G. Balakrishnan & Dr. AR. Lakshmanan
J U D G M E N T
Dr. AR. Lakshmanan, J.
This appeal is directed against the final judgment and order dated 14.03.1997 passed by the High Court of Rajasthan at Jaipur in S.B. Criminal Appeal No. 487 of 1996 whereby the High Court allowing the appeal held that the evidence adduced by the prosecution is not reliable and on the basis of such weak and unreliable evidence, the guilt of the respondents-accused cannot be proved successfully.
The short facts giving rise to the appeal are as follows:
On 05.05.1993, the deceased Suman aged 18 years was married to the respondent-accused Teg Bahadur in accordance with Hindu rites and ceremonies. After the Gauna ceremony was completed, deceased Suman was sent back to her maternal house by her in-laws and she complained to her parents that she had been sent back because she had not brought enough dowry with her. She also told them that she had been threatened not to return if she was unable to bring a Television, Cooler and money. However, after lot of discussions and negotiations with her in-laws, Suman was taken back by her in-laws. But the demand for dowry still persisted and within five months that Suman stayed in her maternal house, she was sent back to her matrimonial house three/four times and threatened to bring new dowry items every time. According to the prosecution, she was harassed, tormented and tortured by her in-laws, husband and other relatives and physically abused for bringing insufficient dowry in her marriage.
On 09.09.1994, at about 10.30 p.m. death of the deceased Suman took place in mysterious circumstances in the intervening night without assigning any logical or cogent reasons for her demise. Even before sunrise, the cremation ceremony was performed in a hasty manner without the parents of the deceased Suman being duly informed about the death of their daughter.
On 11.09.1994, the information about the death of their daughter Suman was received by the father of the deceased – Om Prakash PW-13 from their relative Chunilal PW-8, who was residing in Garhwalon Ki Dhani. Upon receiving this information, Om