K.S. Chauduary, J. - (1.) This appeal has been filed against the judgment dated 29.11.2005 passed by Additional Sessions Judge (Fast Track) Jhalawar in Sessions Case 117/2005 by which he convicted accused-appellants under Section 304-B and 201 IPC and sentenced to undergo ten years rigorous imprisonment under Section 304-B IPC and sentenced to two years rigorous imprisonment under Section 201 IPC and further observed that both the sentences shall run concurrently. By this judgment accused-Suresh Chandra, Mahesh Kumar, Ratan Lal and Duli Chand alias Dulhe Singh were acquitted under Section 201 IPC.
(2.) Brief facts of the prosecution case are that PW8-Narayan lodged FIR Ex.P/10 before S.P.Jhalawar and stated that he married his daughter Hema with accused Durga before 3 to 4 years and Hema was going to her in-law's house since last two years, but her husband-Durga and mother-in-law Mannu Bai used to beat her and demand dowry. On previous Holi Hema came to her house and revealed this fact, but lateron he sent back Hema with her husband's elder brother Suresh. After two days of murder of Hema, he was informed that his daughter Hema has died then he went to her in-law's house where Gordhan Lal and one person son of Bhagatji informed him that accused-Durga and Mannu Bai were abusing and beating Hema in the night of 11th June, 2005 and lateron murdered her and in the morning she has been cremated. He went to Police Station Raipur, but FIR was not recorded, then he moved application before S.P. and S.P. ordered to inquire the matter even then case has not been registered. This report was sent by S.P.Jhalawar to Police Station Raipur, but it appears that before this report was received by Police Station Jhalawar, on another previous report, Parcha Ex.P/14 was recorded on which Check Ex.P/15 was prepared.
(3.) After completion of investigation challan under Section 498-A,304-B and 201 IPC was filed against the accused-appellants and four acquitted persons in the Court of Judicial Magistrate, Pirawa. Case was committed to the Court of Sessions Judge, Jhalawar which was transferred to Additional Sessions Judge (Fast Track). Charge under Section 498-A, 304-B and 201 IPC were framed against accused-appellants and charge under Section 201 IPC was framed against other 4 accused-persons to which they denied. During trial 14 witnesses were examined and after recording statements of accused-persons under Section 313 Cr.P.C. and hearing arguments, the accused-appellants were convicted and sentenced as aforesaid and other four accused were acquitted of the charge levelled against them. Heard learned counsel for the parties and perused the record.;