2019 Supreme(Raj) 480
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, VINIT KUMAR MATHUR, JJ.
Smt. Chandrawali W/o Sheokaran – Appellant
Versus
The State of Rajasthan – Respondent
D.B. Criminal Appeal No. 828 of 2013
Decided On : 01-07-2019
Advocate Appeared:
For the Appellants : Mr. Mridul Jain, Mr. Bhagat Dadhich.
For the Respondents: Mr. N.S. Bhati, Mr. A.R. Beniwal.
Headnote:
Hindu Marriage Act – Sections 406, 498-A, 302/120-B, 302/34 – Criminal Procedure – Section 437A – Demand of Dowery – Assembling for purpose of committing dacoity – Appellants convicted and sentenced Life imprisonment along with a fine judgment passed by learned Additional Sessions Judge – Held, Accused appellants Smt. Chandrawali, Sheokaran and Sahab Ram are directed to furnis h a personal bond in the sum of Rs. 15,000/- and a surety bond in the like amount before the learned trial court, which shall be effective for a period of six months to the effect that in the event of filing of a special leave petition against the present judgment on receipt of notice thereof, the appellants shall appear before the Supreme Court – Appeal is partly allowed. (Para 28, 29)
Facts of the case: Demand of Dowery – Assembling for purpose of committing dacoity – Appellants convicted and sentenced Life imprisonment along with a fine judgment passed by learned Additional Sessions Judge.
Findings of the court: Accused appellants Smt. Chandrawali, Sheokaran and Sahab Ram are directed to furnis h a personal bond in the sum of Rs. 15,000/- and a surety bond in the like amount before the learned trial court, which shall be effective for a period of six months to the effect that in the event of filing of a special leave petition against the present judgment on receipt of notice thereof, the appellants shall appear before the Supreme Court.
Result: Appeal is partly allowed.
SANDEEP MEHTA, J.
1. The appellants herein have been convicted and sentenced as below vide judgment dated 02.09.2013 passed by learned Additional Sessions Judge No. 2, Hanumangarh in Sessions Case No. 38/2012:-
Name of the accused appellant Offence for which convicted Sentence awarded
1. Gandhi Ram @ Mahendra
2. Sahab Ram
3. Sheokaran
4. Smt. Chandrawali 302/34 IPC Life imprisonment alongwith a fine of Rs. 3000/- and in default of payment of fine, further to undergo imprisonment of one year.
302/120-B IPC Life imprisonment alongwith a fine of Rs. 3000/- and in default of payment of fine, further to undergo imprisonment of one year.
498-A IPC Simple imprisonment of three years alongwith a fine of Rs. 1000/- and in default of payment of fine, further to undergo imprisonment of six months.
All the substantive sentences were ordered to run concurrently.
2. Being aggrieved of their conviction and sentences, the appellants have preferred the instant appeal under Section 374 (2) CrPC.
3. Brief facts relevant and essential for disposal of the appeal are noted herein-below.
4. Chunniram (PW-2) lodged a typed report (Ex.P/1) with the SHO, Police Station Nohar on 12.09.2008 at 10.00 a.m. alleging inter alia that his daughter Rajbala was married to Gandhi Ram @ Mahendra, son of Sheokaran, by caste Jat, resident of Kharsandi about 3-4 years ago. He had given wholesome dowry in the marriage, but Rajbala’s husband, Jeth Sahab Ram, father-in-law Sheokaran and mother-in-law Smt. Chandrawali were not happy with the articles given in dowry and thus, just two months after the marriage, they started harassing, humiliating and torturing Rajbala and started demanding a motorcycle and a sum of Rs. 50,000/- from her. The complainant got two to three Panchayats convened, in which Khayaliram, resident of Bijarnia, Omprakash, resident of Ladam, also participated. In the presence of these persons, the matrimonial relatives of Smt. Rajbala, including her husband, persisted with their demands. However, the Panchayat counselled the accused and advised them to keep Rajbala happy in the matrimonial home. After every Panchayat that was convened, Rajbala would be sent back to her matrimonial home and the accused would refrain from the demands for some time, but thereafter they would again resume their cruel behaviour with the deceased. About 4 months ago, Rajbala’s husband, father-in- law, mother-in-law and Jeth beat her up and turned her out of the matrimonial home alongwith the minor child Kanhaiya Lal in only the clothes worn by them warning that she would be allowed to return to the matrimonial home only if her father agreed to give a sum of Rs. 50,000/- and a motorcycle to them and if she returned to the matrimonial home without bringing these valuables, she as well as her son would be killed. Rajbala returned to her maternal home and shared her plight with the informant, on which he went to village Kharsandi and met Rajbala’s matrimonial relatives, who persisted with their demand of a motorcycle and Rs. 50,000/- in cash. The complainant again convened a Panchayat, in which ex-Sarpanchas Hanuman and Dungar Chahar were present. They assured that the complainant’s daughter would not be maltreated in future. The complainant asked them to take responsibility, but both the ex- Sarpanches shirked. Two days after Rakshabandhan, Rajbala’s husband, mother-in-law, father-in-law, Jeth, uncle-in-law Indraj came to the complainant’s house with Patram Burdak and made a request to send Rajbala back to the matrimonial home assuring that she would not be maltreated in future. Rajbala expressed an apprehension in the presence of these persons that she would be killed no sooner she was taken back upon which, Indraj and Patram gave an assurance that they would ensure the safety of Rajbala affirming that she would not face any inconvenience in future. After assuring the complainant in this manner, Rajbala’s husband took her back to Kharsandi. During the night of 11.09.2008, the