[2025:RJ-JD:19271]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 45/2018

1. Bhanwar Lal @ Bhanwra Ram S/o Shivnath, By Caste Jat, R/o Kurada, Tehsil Parbatsar, District Nagaur.

2. Pemaram S/o Shri Laduram, By Caste Jat, R/o Village Ratnas, Tehsil Makrana, District Nagaur. Presently Lodged At Central Jail Jodhpur ----Appellants Versus State Of Rajasthan ----Respondent For Appellant(s) : Mr. Nishant Bora with Mr. Prithvi Singh For Respondent(s) : Mr. Deepak Choudhary, AAG with Mr. Pawan Kumar Bhati, PP Mr. Vineet Jain, Sr. Advocate assisted by Mr. Harshvardhan Singh HON'BLE MR. JUSTICE MANOJ KUMAR GARG REPORTABLE

Judgment

Order Reserved on : 21/04/2025 Date of pronouncement: 28/04/2025 The instant criminal appeal under Section 374(2) Cr.P.C. has been filed by the appellants against the judgment dated 21.12.2017 passed by the learned Addl. Sessions Judge, Parbatsar, District Nagaur in Sessions Case No.33/2000, whereby the learned Judge has convicted and sentenced the appellants as under:-

Offence	Sentence
Sec. 498-A IPC	Three years rigorous imprisonment with fine of Rs.2,000/- and in default of payment of fine, one month simple imprisonment
Sec. 304-B IPC	Seven years rigorous Imprisonment with fine

of Rs. 10,000/- and in default of payment of fine, to undergo three months simple imprisonment.

Brief facts of the case are that on 24.03.2000, the complainant Kanaram submitted a written report before the Police station, Peelva detailing the circumstances surrounding the death of his daughter, Vimla. She was married to Chaina Ram, S/o Shivnath Ram, approximately four and a half years prior to the incident. In his report, Kanaram alleged that the family members of the accused husband had persistently subjected his daughter to harassment for dowry. On the same day, Kanaram received distressing news that his daughter was attempting to contact him. Upon arriving at her matrimonial residence, he discovered Vimla died. He contended that the accused individuals had poisoned her, leading to her untimely demise.

On this report, the police registered FIR No. 26/2000 and started investigation. After investigation, challan was filed against accused Shivnath, Chainaram, Chotudi, Gomadevi under Section 498-A, 304-B, & 201 IPC and investigation against accused Bhanwar Lal and Pemaram i.e. the appellants were kept pending under Section 173(8) Cr.P.C. Thereafter, a chargesheet was presented against the present accused appellant Bhanwar Lal @ Bhanwara Ram and Pemaram under Section 299 of the Criminal Procedure Code. Charges were framed against the co-accused and trial proceeded against accused Shivnath, Chaina ram, Chotudi and Gora Devi. The learned trial court vide impugned judgment dated 06.02.2002 acquitted all the co-accused of all the charges.

Later on, the present appellants arrested and trial commenced. Thereafter, the case was committed for trial to the court of Additional Sessions Judge, Parbatsar, District Nagaur where charges of the case were framed. In support of prosecution, the prosecution examined 17 witnesses and exhibited 16 documents. Thereafter, the statement of accused persons were recorded under Section 313 Cr.P.C and in defence, the accused persons examined two witnesses DW/1 Devkaran and DW/2 Banaram. After conclusion of trial, the trial court convicted and sentenced the accused appellants as mentioned above.

Learned counsel for the appellant contends, as a preliminary matter, that the prosecution has failed to establish its case beyond a reasonable doubt. It is asserted that, based on a similar set of evidence, four co-accused individuals, including the husband, have already been acquitted, and the State has not filed an appeal against that judgment of acquittal. During the trial, the complainant, Kanaram, passed away and was consequently not available for examination. Furthermore, it is noteworthy that all material witnesses, including the mother of the deceased, PW/9 Kelki Devi, hav

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