VINIT KUMAR MATHUR,J. - (1.) The present appeal has been filed to challenge the judgment dated 04.06.2016, passed by learned Additional District and Sessions Judge, Bhinmal, District Jalore in Sessions Case No. 112/2011 (CIS No. 96/2014) whereby the appellant has been convicted for the offence under Section 302 I.P.C and sentenced for life imprisonment with a fine of Rs. 10,000/-, in default of payment of fine to further undergo six months rigorous imprisonment and imprisonment of one year for the offence under Section 323 IPC with a fine of Rs. 500/- in default thereof to further undergo simple imprisonment for one month.
(2.) Briefly, the facts in the matter are that a complaint was filed by one Chhoga Ram on 18.03.2011 stating therein that his uncle's daughter Savita was married to the accused Arjun about one year ago. After the marriage, Savita's husband Arjun and his elder brother Leela Ram were giving beatings and Savita was being tortured mentally and physically. The uncle of the complainant Bhana had passed away 7-8 months ago, so whenever deceased Savita came to her parental house, she would complain about ill treatment being meted out to her. The ill treatment which was being meted out to Savita was also brought into the notice of in laws as well as other reputed persons of the society, but, there was no change in the attitude of accused Arjun. On 17.03.2011 when accused Arjun came to take Savita, his aunti Dadami told accused Arjun that he may take Savita along but no beatings should be given to her, Arjun got annoyed and gave beatings to his auntie Dadami and thereafter took away Savita to Padampura. When the complainant went to his uncle's Dhani (hamlet), his aunti Dadami narrated the entire incident and shown the injury caused to her by Arjun Ram. The complainant counselled her and requested her to refrain from lodging any kind of report. Thereafter at around 10.00 PM, the complainant received a phone call on his mobile phone that his cousin sister Savita has been murdered and the body is lying on the boarder of Pahadpura. Thereafter, he along with other persons reached the spot and saw the body of Savita having suffered injury at her head, eyes having been tied up with cloth and there was a muffler in her neck. On this complaint, an FIR bearing No. 92/2011 was registered for the offences under Sections 323, 304B and 498A IPC at Police Station Sanchore and the same was submitted to the Chief Judicial Magistrate on 19.03.2011.
(3.) Thereafter, the investigation was completed by the police and a charge-sheet for the offences under Sections 302 and 323 I.P.C was filed.;