- (1.) In this cr. appeal the appellant is challenging validity of the judgment dated 5.8.2008 passed by the learned Sessions Judge, Churu in Sessions Case No.14/2006 arising out from FIR no.85/2006 registered at Police Station Sardarshahar, District Churu whereby the accused appellant was convicted for the offence under Section 302 and 498A IPC and passed the following sentence: JUDGEMENT_206_LAWS(RAJ)9_2016.html
(2.) The facts stated in the appeal are that on 13.3.2006 at about 9.00 pm a written complaint was submitted by the complainant Nabab Khan at Police Station Sardarshahar, District Churu to the effect that his daughter Islam Bano got married with the accused appellant Ibrahim @ Budha on 21.8.2001, after marriage whenever she came to his house informed that her husband and in-laws are harassing her for less dowry, so also, the accused appellant often gave beatings to her. The complainant stated in the complaint that due to aforesaid reason, she was brought back about one and half months ago but on 12.3.2006 at about 8.00 pm the accused appellant Ibrahim came to his house and assured that he will not demand any dowry and will not harass her. Upon above assurance given by the accused appellant, the complainant and his family members requested to him to take meal, but he refused and after taking tea, he slept in the room at first floor of the house. The accused appellant said that tomorrow I will take my wife with me. In the night wife of the accused appellant also went in the said room at about 11'O Clock, but in the morning at about 7.00 am when his wife Gulshan called her, she did not respond from her room, therefore, the wife of the complainant Gulshan went upstairs and called her daughter, but again no response was given by her, therefore, she pushed the door and saw that the dead body of her daughter Islam Bano was lying upon cot. As per complainant, when she cried, his son Iqbal immediately went in the room and saw that daughter of the complainant was murdered, thereafter, his son Iqbal immediately come down and take complainant in the room where dead body of Islam Bano was lying, the allegation of complainant is that she was killed by her husband Ibrahim @ Budha. In the FIR, allegations for demand of dowry was also made against the father of the accused appellant Jangsher.
(3.) Upon aforesaid written complaint (Ex.P/1) filed under the thumb impression of the complainant, the SHO Police Station, Sardarshahar registered the FIR no.85 dated 13.3.2006 (Ex.P/2) at about 9.00 pm under Section 302 and 498A IPC against the accused appellant.;