2007 Supreme(Raj) 1554
SHIV KUMAR SHARMA
Shanti Devi – Appellant
Versus
State of Rajasthan – Respondent
For the Appellant:Mr. Arvind Kumar Gupta, Mr. Rinesh Gupta, Mrs. Alka Bhatnagar, Mr. Harsh Saini, Advocates.
For the State: Mr. M.L. Goyal, Public Prosecutor.
For the Complainant:Mr. Anoop Dhand, Advocate.
JUDGMENT
1. - Shanti Devi, Radhey Shyam and Manoj Kumar, the appellants herein, were put to trial before learned Additional Sessions Judge No. 2, Sikar, who vide judgment dated January 9, 2002 convicted and sentenced them as under:-U/s. 304B Indian Penal Code :Each to undergo rigorous imprisonment for seven years.
U/s. 498A Indian Penal Code :
Each to undergo two years rigorous imprisonment and fine of Rs. 1,000/- in default fifteen days simple imprisonment.
The substantive sentences were ordered to run concurrently.
2. The informant Prakash (PW.8) submitted a written report at Police Station Sadar Sikar on April 10, 1998 with the averments that his daughter Laxmi @ Parmila (since deceased) was married to Manoj (first appellant) on June 22, 1997. On April 9, 1998 Radhey Shyam Sharma (second appellant) informed him that Laxmi was burnt while cooking food and declared dead in the hospital. On that report proceedings under section 174 Criminal Procedure Code were initiated by Sub Divisional Magistrate. Dead body was subjected to autopsy. Statements of Prakash were recorded wherein Prakash stated that his daughter died accidentally. However Prakash thereafter took U turn and filed a compla
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