Instant criminal appeal has been filed by the appellant
against the judgment dated 27.08.2015 passed by learned District
and Session Judge, Jaisalmer, in Sessions Case No.97/2012 by
which the learned Trial Court convicted and sentenced the
appellants as under:
S.No. Offence U/s Sentence Fine Sentence in
default of fine
1. 304-B IPC Life — —
imprisonment
2. 498-A IPC 3 years RI Rs.5,000/- 3 months RI
Both the sentences were ordered to run concurrently.
Brief facts necessary to be noted for deciding the controversy
are that on 29.08.2012, complainant Murlidhar Bohra submitted a
written report (Ex-P/1) to the concerned Police Station to the
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effect that marriage of his sister Gayatri @ Benu was solemnized
with the accused-appellant on 21.11.2007. Just after marriage,
the in-laws of his sister started harassing her for dowry. It was
further alleged that after one month of marriage, accused-
appellant and his family members beat the complainant’s sister.
Later on, compromise was arrived at between the parties and the
complainant’s sister again started living with the accused-
appellant at Jaisalmer. Even after that, again the appellant
subjected the complainant’s sister physically and mentally and
continuously raised demand for dowry. Upon which, an amount of
Rs.25,000/- was given by the complainant to the accused-
appellant. It was further submitted that the complainant’s sister
started working in a company. One day, when the complainant’s
sister returned home after office, she found the accused-appellant
in objectionable situation with a woman. That act of the accused-
appellant was informed to the complainant by his sister. Upon
which, the complainant visited Jaisalmer, where a social meeting
was held in this regard in which, the accused-appellant accepted
his mistake and gave assurance for not repeating such type of act.
Subsequently, on 24.08.2012 at about 6:30 PM, the deceased
talked to her mother on phone, but after 7:00 PM, the mobile
phone of the deceased was continuously switched off. Then, at
about 10:00 PM in the night, the neighbour informed the
complainant on mobile about the ill health of his sister. On such
information, they proceeded for Jaisalmer and on the way, they
received information about the death of complainant’s sister in
suspicious condition and her dead-body was being taken to
Phalodi. Upon reaching at Phalodi, the complainant talked with the
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accused-appellant about death of his sister, upon which the
relatives and other persons of the society, make them understand
to keep silent and then, cremation of dead-body of the
complainant’s sister was performed. Subsequently, after few days
of cremation, the complainant on being high suspicion about the
murder of his sister by the accused-appellant, submitted this
written report to the Police.