- (1.) The appellant has preferred this appeal assailing the judgment of conviction and order of sentence dated 01.08.1990 passed by the learned Additional Sessions Judge, Nagaur in Sessions Case No.3/1989, whereby the appellant-accused was convicted for the offences under Sections 498A and 304B IPC and was sentenced as under:- U/s.498A IPC: One year's rigorous imprisonment with fine of Rs.100/-, in default of payment thereof, to further undergo 15 days' simple imprisonment. U/s.304B IPC: Seven years' rigorous imprisonment The brief facts of the case are that the appellant-accused and deceased got married in November, 1986 and the deceased became pregnant after about 11/4 years of the marriage and as per the customs she was taken to the paternal house for delivery and after delivery, when the deceased was being sent to the in-laws house, called "NwNd" in the local language, the appellantaccused with his family members and the parents of the deceased gave gifts on the said occasion but the appellant-accused asked to give golden ring and gold chain but when the same was not given, he became annoyed and while taking the deceased with him, he stated that in future he will not sent her to the paternal house. Thereafter, she was being tortured and beaten. On 23.11.1988, the father of the deceased was informed that his daughter was being tortured on which the father of the deceased sent his another daughter Batul and also called the uncle of the appellant-accused, Bajju Khan and asked him to send her daughter back if she was not being kept in good condition. Thereafter, on 24.11.1988, Bajju Khan asked the father of the deceased as to whether deceased came to his house with the child but as she did not reach there she was searched. Thereafter, a body of child was found in the well of Haji Sardar Sitva then it came to the knowledge of the father of the deceased that his daughter Khatoon has committed suicide. The father of the deceased Ummed Khan submitted a report (Ex.P/1) on 25.11.1988 at P.S. Nagaur on which a case was registered for the offences under Sections 498A and 304B IPC and investigation commenced.
(2.) After completion of investigation, the police filed charge-sheet against the appellant-accused and coaccused Patasi in the court of learned Chief Judicial Magistrate, Nagaur and since the case was exclusively triable by the court of Sessions, the case was committed to the court of learned Additional Sessions Judge, Nagaur for trial where the charges for the aforesaid offences were framed
(3.) To substantiate the charges, the prosecution examined as many as 15 witnesses and exhibited documents. Thereafter, the appellant-accused and coaccused were examined under Section 313 Cr.P.C. in which they denied the prosecution evidence and stated that the deceased was being kept in good condition and that they have been implicated falsely. In defence, the accused examined Mubarak Khan (DW-1), Bajju Khan (DW- 2), Banne Khan (DW-3) and Sawai Khan (DW-4). The learned trial court, after hearing, vide impugned judgment of conviction and order of sentence dated 01.08.1990, while acquitting the co-accused Patasi, convicted and sentenced the appellant-accused as aforesaid.;