Case Brief: State of Rajasthan vs. Jaggu Ram; January 4,2008

Briefly, the facts of the case are:
The facts necessary for deciding the appeal are as under: On 30th March, 1993 one Suresh Khateek informed Atma Ram (PW-1) that his daughter Shanti @ Gokul had died at her in-laws place. Upon this Atma Ram lodged First Information Report at Police Station Srimadhopur stating therein that his daughter Shanti @ Gokul was married to Jeevan Ram, son of Jagdish Balai (Jaggu Ram), resident of Nathusar about eighteen months ago; that he gave dowry according to his capacity; that immediately after the marriage, Jaggu Ram, his son Jeevan Ram and wife Nathi started harassing Shanti in connection with dowry; that after three days of marriage they left Radio, Press etc. and demanded watch and jewellery; that they with a view to save his daughter from harassment, he gave silver ornaments viz. Paizeb (anklet), Tagadi, Locket and Ear-rings apart from cash of Rs. 10,000/- to her in-laws, but this did not satisfy them and after three months, they again started harassing her and left her at village Abhawas, where she stayed at his house for 8 months; that a meeting was held at village Abhawas which was attended by 22-25 people including Jaggu Ram (the respondent herein), Rameshwar Mali, Chhitar Kheteek and Bhagega Balai of village Nathusar. In that meeting Jaggu Ram assured that he will keep Gokul without creating any problem; that thereafter he went to Nathusar six to seven times to bring her daughter to Abhawas but her husband and in-laws did not send her and demanded colour television. They also threatened that if additional dowry is not brought, then his daughter will be finished. He told the villagers about the demand made by Jaggu Ram and his family and the threat given by them. Upon this, the villagers sent a message to Jaggu Ram that it was not proper. Jaggu Ram and his family members got annoyed by this development and they killed his daughter by burning with kerosene and cremated her body at 5.00 a.m. on 30.3.1993. Thereupon, the police registered Criminal Case No.48/93 under Sections 498A, 304-B and 201 of the IPC. During the investigation, the police recorded the statements of Atma Ram and other persons under Section 161 Cr.P.C., collected the hospital record and arrested the appellant, his wife Nathi and son Jeevan Ram. A lathi was recovered at the instance of Jeevan Ram. After completing the investigating, the police filed challan against all the accused in the court of Addl. Chief Judicial Magistrate, Shrimadhopur, who committed them to the Sessions Court for trial.
Judgment:
A critical analysis of the facts and evidence brought on record shows that the prosecution had succeeded in proving that Shanti @ Gokul died within one and a half years of her marriage. In their statements, PW1-Atma Ram, PW6-ShankarLal and PW12-Ram Kishore (father and brothers of the deceased) categorically stated that the deceased was subjected to harassment and cruelty by her husband-Jeevan Ram, father-in-law-Jaggu Ram, mother-in-law, Nathi Devi, immediately after marriage on the ground that she did not bring sufficient dowry. When the deceased visited her parents house, she made a complaint about the harassment. Thereupon, Atma Ram gave Silver jewellery and Rupees ten thousand cash. Even this also did not satisfy the accused who continued to harass her. After sometime, the deceased was left at her fathers place. She stayed there for eight months. About two and a half months before the death, a meeting was convened in the village, which was attended by 20-25 persons, including PW1-Atma Ram, PW6- Shankar Lal, PW12-Ram Kishore, PW7-Kana Ram, PW8-Gopi Ram, PW9-Mewaram(ex-Sarpanch of Gram Panchayat), Jaggu Ram and four others of village Nathusar also attended the Panchayat. PW7- Kana Ram, PW8-Gopi Ram, PW9-Mewa Ram were independent witnesses. They confirmed that a meeting was held in village Abhawas to discuss the issue of dowry and reiterated what PW1- Atma Ram had told them about the demand of dowry. They were cross-examined at length but the defence could not shake their testimony. Rather, they reiterated the factum of holding the meeting of Panchayat at Amawas wherein the issue of dowry was generally discussed. PW5-Kamal Surana, In-charge, Women Development Agency, Data Ramgarh, is also an independent witness. She gave details of the discussion made in the meeting held on 11.8.1992 where the case of dowry of Shanti @ Gokul, daughter of Atma Ram was considered. According to Kamal Surana, Shanti was very scared and was not able to say anything but her father gave the details of harassment. PW5 also stated that she had gone to the in-laws whereupon, the respondent is said to have objected to her intervention. She also produced a diary maintained by her in which the factum of her meeting at Amawas and Nathusar were recorded.
In the result, the appeal is allowed. The impugned judgment is set aside and the conviction of the respondent under Section 304-B read with 201, IPC is restored. He is sentenced to seven years rigorous imprisonment. He shall also pay fine of Rs.500/- and suffer further imprisonment of three months in case of default. If the respondent has already undergone sentence of one year under Section 498A, IPC in furtherance of the judgment of the High Court, then he shall serve out six years imprisonment, apart from paying fine. The respondent shall be immediately taken into custody to serve out his sentence.