HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Appeal No. 97/2020

Prakash Bharti S/o Sh. Laxman Bharti, By caste Goswami, aged

About 45 Years, R/o Village Gawada, Police Station Khinwada,

Tehsil Desuri, District Pali (Raj.).

(Presently Lodged In Sub Jail, Bali).

----Appellant

Versus

State, through Public Prosecutor.

----Respondent

For Appellant(s)

:

Mr. Pradeep Shah

Mr. Vivek Mathur

Ms. Geeta

Mr. Pushkar

For Respondent(s)

:

Mr. R.R. Chhaparwal, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

J U D G M E N T

Date of pronouncement

:::

30

/06/2022

Order reserved on

:::

26/04/2022

BY THE COURT : PER HON’BLE MEHTA, J.

1.

The appellant herein has been convicted and sentenced as

below vide judgment dated 28.02.2020 passed by the learned

Additional Sessions Judge, Bali, District Pali in Sessions Case

No.27/2012. He has filed the instant appeal under Section 374(2)

CrPC for assailing the impugned Judgment:-

Offences

Sentences

Fine

Fine

Default

Sentences

302 IPC

Life Imprisonment Rs.15,000/-

6

months’

additional Simple

(2 of 16)

[CRLAD-97/2020]

Imprisonment

201 IPC

3 years’ Rigorous

Imprisonment

Rs.5,000/-

3

months’

additional Simple

Imprisonment

(Both the sentences were ordered to run concurrently)

2.

Brief facts relevant and essential for disposal of the appeal

are noted hereinbelow.

Prakash Puri (P.W.10), lodged a written report (Ex.P./14) to

the SHO Police Station, Khinwada, District Pali on 02.04.2012

alleging inter alia that his sister Madhubala Goswami had been

married to Bhupesh Puri, resident of Hathi Pol, Udaipur in the year

1990. The couple got divorced in the year 2001 whereafter,

Madhubala remarried Prakash Bharti (the appellant herein),

resident of village Gawada, Tehsil Desuri, District Pali. Two children

were born from the wedlock, both of whom were being looked

after by the informant and were at the relevant point of time

staying in a hostel at Kanod for their studies. He alleged that

Prakash Bharti regularly indulged in harassing and humiliating his

sister on account of demand of dowry and money. About 7-8 years

ago, Prakash indulged in violence and broke his sister’s hand. On

another occasion, 3-4 years ago, Shri Prakash Bharti inflicted an

injury on his sister’s head upon on which, she left the matrimonial

home and started living with the informant. Thereafter, Prakash

Bharti would extend threats that if Madhubala did not return to

the matrimonial home, she would be killed. Prakash came to his

house and told that he had sold the house in Bombay for a sum of

Rs.12,00,000/- and got a house constructed at Gawada. He

offered that he and his wife would live together at Gawada. He

promised to invest a sum of Rs.3,00,000/- in the name of

(3 of 16)

[CRLAD-97/2020]

Madhubala and through this allurement, he took Madhubala with

him on 12.10.2011. Smt. Madhubala regularly talked to their

mother Radhabai (P.W.11).

On 28.10.2011, Smt. Madhubala called their mother and told

that she had come to Nadol to buy a door for their newly

constructed house. Thereafter, no further information was

forthcoming regarding Smt. Madhubala on which, the informant

tried to make enquiries at his own level but did not receive any

update on which, he, accompanied with Jaswant Singh (P.W.15),

Umesh Giri (P.W.16) and Prahlad Puri (P.W.26) reached the house

of the accused but did not find anyone present there. Foul smell

was emanating from the house and thus, they started bearing a

suspicion that the dead body might have been buried inside the

house. He alleged that his brother-in-law Prakash Bharti and his

brother Lehar Bharti, who were both missing might have hatched

a conspiracy, murdered Madhubala and buried the dead body in

the house.

3. On the basis of this report, an enquiry was started. Body of

Smt. Madhubala’s body had been buried inside the house of her

husband Prakash Bhar