- (1.) This appeal is directed against the judgment dated 05/02/2004 passed by learned Additional District and Sessions Judge, Aklera, District Jhalawar in Sessions Case No.27/2003 whereby, accused-appellants were convicted and sentenced as under:- accused-appellants Bherulal and Nathulal were convicted for offence u/S.302 IPC and each one of them were sentenced to life imprisonment with fine of Rs.2000/- each, in default of payment of which, were one of them were to further undergo simple imprisonment of three months. They were further convicted for offence u/S.201 IPC and each one of them were sentenced to rigorous imprisonment of three years with fine of Rs.500/- each, in default of payment of which, each one of them were required to further undergo simple imprisonment of two months. All the sentences were directed to run concurrently.
(2.) Brief facts giving rise to this appeal are that parcha bayan (Exb.P/16) of one Mangilal was recorded on 28/5/2003. It was alleged in the parcha bayan that marriage of his daughter Savitri @Guddi was solemnized with Bherulal five years ago. After one year, she was sent to her in-laws house. His daughter was not coming at her parents house for last 21/2 years. Prior to this, when she used to come, she informed that her husband used to beat her without any reason. Three years ago, Bherulal asked to give Rs.5,000/- for meeting out house hold expenses as his father separated him but since he was not having money, he refused to pay the same. When he went to village Patwa for bringing his daughter, Bherulal demanded from him the money and also inflicted injury on his back by throwing the stone. Biram came to village Patwa for attending the marriage then, he informed that Savitri is not traceable for last six days. When complainant and his brother Kaluram, son Sitaram, Ramcharan and Hemraj enquired from Bherulal about his daughter, he ran away from the house. Then, they caught hold of Nathu and informed the police at Police Statioin Jawar. When police enquired from Nathu, he told that Savitri expired as she consumed poison and thereafter he and his son buried her in the house in a pit under the staircase.
(3.) On the basis of the above parcha bayan (Exb.P/16), police of Police Station Jawar registered FIR No.67/2003 against the accused for offence u/Ss.304-B and 201 IPC and started investigation. After investigation, police filed challan against accused-appellants for offence u/Ss.304B, 302 and 201 IPC. On committal of the case, the trial court framed the charge against the accused appellants for offence u/Ss.304B, 302 and 201 IPC, which the accused denied and claimed to be tried. The prosecution produced twenty nine witnesses and exhibited fourty five documents, whereas defence did not produce any witness however produced two documents. After conclusion of trial, trial court convicted and sentenced the accused-appellants for offence u/Ss.302 and 201 IPC in the manner indicated above however acquitted both of them from the charge of offence u/S.304-B IPC.;