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2017 Supreme(Raj) 1980
IN THE HIGH COURT OF RAJASTHAN
Gopal Krishan Vyas, Manoj Kumar Garg, JJ.
State of Rajasthan – Appellant
Versus
Shanker Ram S/o Moola Ram – Respondent
Criminal Appeal No. 354 of 1994
Decided On : 10-08-2017
J.P.S. Choudhary, J.K. Gehlot.
The prosecution must prove its case beyond a reasonable doubt in order to secure a conviction.
Headnote:
CRIMINAL APPEAL - SECTION 302, 304, 498A, 201 IPC - SUMMARY
Fact of the Case:
The case involved the death of Sita Devi, who was allegedly murdered by her husband Shanker Ram and father-in-law Moolaram. The complainant, Madan Lal (Sita Devi's father), filed a complaint alleging that Sita Devi was subjected to cruelty and dowry demands by her in-laws. After some time, Sita Devi was allowed to return to her in-laws' house, but later she was found dead. An FIR was registered, and the accused were arrested and charged with various offenses, including murder, dowry death, and destruction of evidence.
Finding of the Court:
The trial court acquitted the accused, Shanker Ram and Moolaram, from all charges. The court found that the prosecution failed to prove its case beyond a reasonable doubt. The court also found that the cause of death was head injury, which was not consistent with the allegations of strangulation made by the complainant.
Issues: 1. Whether the prosecution proved its case beyond a reasonable doubt? 2. Whether the cause of death was strangulation, as alleged by the complainant?
Ratio Decidendi: The court held that the prosecution failed to prove its case beyond a reasonable doubt. The court found that the medical evidence did not support the allegation of strangulation. The court also found that the defense witnesses provided a credible explanation for the cause of death, which was head injury.
Final Decision: The court dismissed the appeal filed by the State Government and upheld the acquittal of the accused.
Gopal Krishan Vyas, J.
1. The instant D.B. Criminal Appeal No. 354/1994 has been filed by the State of Rajasthan against the judgment dated 22.3.1994 passed by Special Judge (SC/ST) Prevention of Atrocities Act in Criminal Case No. 68/1993 whereby the learned trial Court acquitted the respondents Shanker Ram and Moolaram from the charges levelled against them under Sections 302, 304, 498A and 201 IPC.
2. Before proceedings further, it is observed that during pendency of this appeal, Moolaram died, therefore, the appeal against Moolaram was dismissed as abated vide order dated 02.02.2017. Now, we are deciding the appeal of the respondent Shanker Ram only.
3. As per brief facts of the case, on 13.06.1993 complainant Madan Lal (PW-4) submitted a written report at Police Station Mathania, District Jodhpur alleging therein that on 12.06.1993 in the night his daughter Sita Devi was murdered by her husband Shanker Ram and father-in-law Moolaram and other family members. It is also stated that marriage of Sita Devi was solemnized one year back and after ten months, she was assaulted by her in-laws and husband used to consume liquor and regularly use filthy words against her and was also demanding dowry.
4. As per complaint of Madan Lal, he took back his daughter Sita devi from in-laws house, but after some time, the father-in-law Moolaram came and requested that in future they will not commit any cruelty with Sita Devi, therefore, she may be permitted to go with them.
5. Upon assurance given by Shanker Ram and Moolaram, Sita Devi was allowed to go at her in-laws' house on 21.5.1993. As per complaint on 13.6.1993 one Hemaram came on Nissan Vehicle and informed that his daughter is died. Upon receiving aforesaid information, the complainant and other family members went to the house of respondents where they saw that dead body of Sita Devi was lying on the floor and upon inspection found that she was murdered by throttling.
6. Upon aforesaid report, FIR No. 66/93 was registered and place of occurrence was inspected by the police and after arresting the accused Shanker Ram (husband) and Moolaram (father-in-law) investigation was conducted from them and after completion of investigation, charge-sheet was filed against respondent Shanker Ram for offences under Section 304B and 498A and against Moolaram for the offence under Section 201 IPC in the court of Munsiff and Judicial Magistrate, Pipar City, Jodhpur. Thereafter, the learned Magistrate, District and Sessions Judge, Jodhpur conducted the case, but later on, it was transferred by the Sessions Judge, Jodhpur to the Court of Special Judge (SC/ST) Prevention of Atrocities Act, Jodhpur for trial.
7. The learned trial Court after framing charge under Section 304-B and in the alternate 302 and 498-A IPC, proceeded to record the evidence of prosecution. In support of prosecution case, statements of 19 witnesses were recorded and 18 documents were exhibited from prosecution side, whereas in defence two documents were exhibited and after recording evidence of prosecution the statement of respondents Shanker Ram and Moolaram under Section 313 Cr.P.C. were recorded, in which they denied the allegations and said that Sita Devi died because she fell down from the roof and no offence is committed by them for demand of dowry.
8. In defence 5 witnesses were produced by the respondents and thereafter final arguments were heard by the learned trial Court.
9. The learned trial Court after hearing arguments, acquitted the respondents Shanker Ram and Moolaram from the charges levelled against them under Section 304-B and in the alternate 498-A and 201 IPC vide judgment dated 22.3.1994.
10. The State Government preferred an appeal against the judgment impugned before the learned Single Judge, but the learned Single Judge referred the case to the Division Bench because there is an allegation of commission for offence under Section 302 IPC in alternate.
11. Learned Public Prosecutor vehemently argued that fin
