- (1.) This is an appeal filed by the accused appellant Mumtaz Khan and Mahendu Khan against the judgment dated 22.01.2004 passed by the learned Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No. 20/2003 (17/2003). In the court of Addl. Chief Judicial Magistrate, Nagaur, a charge sheet was filed against three accused , namely Gani Khan, Mahendu Khan and Mumtaz Khan under section 302 and 498 A of the Indian Penal Code. The accused Mahendu Khan and Mumtaz Khan were declared proclaimed offenders and thus a charge sheet was filed against them in their absence. Therefore, in Sessions case No. 20/2003 (17/2003) the trial was conducted against the accused appellant Gani Khan. Later on, both these accused surrendered and a separate charge sheet was filed in the court of Addl. Chief Judicial Magistrate, Nagaur. Both the cases being session's triable, they were committed to the court of Addl. District & Sessions Judge, Nagaur for trial. In the case of Gani Khan, vide judgment dated 16.03.02, he was found guilty for the commission of offence under section 498A and 302 IPC.
(2.) During the pendency of appeal, accused Mahendu Khan died on 24.03.2008 and this court vide order dated 18.05.2010 had ordered to abate the appeal in respect of Mahendu Khan. Therefore, now we have not to adjudicate any issue in respect of Mahendu Khan. The nub of the prosecution story is that on 08.10.2000 a FIR was lodged by Mangoo Khan stating that his daughter Maina had been married to Gani Khan in the year 1991. After her marriage her mother-in law, father- in law, sister- in law, brother-in law and husband Gani Khan physically tortured her for dowry. On every visit to his house she used to narrate the incidents of dowry demands . On 08.10.2000 Muse Khan came to his house and informed him that his daughter had been killed by her in-laws. He was further informed that Maina was first murdered and thereafter burnt by her in-laws and husband. On this report, FIR No.512/2000 was registered at Police Station , Nagaur and investigation commenced.
(3.) During the course of investigation, the statements of the witnesses were recorded by the investigating officer and a site memo was prepared , autopsy was conducted on the body of deceased Maina and after usual investigation a charge sheet was filed in the court of Addl.Chief Judicial Magistrate, Nagaur against accused appellants Mahendu Khan and Mumtaz Khan. After the trial, appellant Mumtaz Khan was found guilty for commission of offence under section 302 and 498A IPC and sentenced as under : 1. For the commission of offence under section 498A IPC, sentenced to three years' S.I. And a fine of Rs.2,000/- and in default of payment of fine, to further undergo six months' S.I. 2. For the commission of offence under section 302 IPC sentenced to life imprisonment and a fine of Rs.5,000/- and in default of payment of fine to further undergo one year's S.I. During the course of trial, prosecution examined as many as 12 witnesses, namely, PW/ 1 Ram Bilas Choudhary , PW/2 Mangu Khan , PW/3 Sultan Khan , PW/4 Kallu , PW/5 Muse Khan , PW/6 Allah Bux , PW/7 Ugma , PW/8 Thakur Prasad , PW/9 Tejpal Singh , PW/10 Chuna Ram, PW/11 Rakesh Kumar and PW/12 P.P.Tak.;