In a significant judgment, the Rajasthan High Court has denied bail to Prabhu Ram, accused under sections 498-A and 304-B of the Indian Penal Code in connection with the dowry death of his wife, Rekha @ Mamta. The court, presided over by Justice Rajendra Prakash Soni, emphasized the gravity of the charges and highlighted the inadequacies in the police investigation.
Case Background
The case revolves around the tragic death of Rekha @ Mamta, who reportedly died at her in-laws’ house. The petitioner, Prabhu Ram, has been in custody following FIR No. 23/2024 registered at Police Station Jaswantpura, District Jalore. The allegations against him include causing harassment and demanding dowry, which allegedly led to Rekha’s death under suspicious circumstances.
Key Legal Issues
1. Nature of Death: The defense argued that Rekha’s death was accidental, caused by a fall from a staircase, which led to her injuries and subsequent cardiac arrest. They presented this as an inference based on the site plan and injury marks.
2. Prima Facie Evidence: The prosecution contested the accidental death theory, presenting it as an assumption by the investigating officer, unsupported by witness statements or substantial evidence.
3. Investigation Flaws: The court noted serious inaccuracies in the investigation, particularly the speculative nature of the fall from the staircase, which was not corroborated by any eyewitness.
Court’s Observations
Justice Soni critically examined the arguments and evidence presented. He observed:
– Unnatural Death: “It prima-facie appears that Investigating Officer has brought this fact on file, beyond the record in order to weaken the case of complainant/prosecution and to facilitate the accused to get a basis for defence.”
– Role of Investigating Officer: “It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”
– Bail Denial Justification: “In view of the enormous prima facie material placed on record in respect of the applicant, the allegations leveled against the petitioner, I am of the considered view that looking to the nature and gravity of the accusation in the instant case, the role attributed to the petitioner, the petitioner is not found entitled to be released on bail.”
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Decision
The court dismissed Prabhu Ram’s bail application, deeming it devoid of merit. The order also directed the DG Police Rajasthan and the concerned SP to review the investigation for its inaccuracies, stressing the need for meticulous and unbiased police work in dowry death cases.
Legal Representation
Prabhu Ram was represented by Mr. Rahul Sharma and Mr. Prashant Sharma, while the State was represented by Mr. Laxman Solanki, Public Prosecutor.
