MANOJ KUMAR GARG,J. - (1.) The instant criminal appeal has been filed by the accused-appellants Under Section 374 (2) Cr.P.C., 1973 against the judgment dated 11/07/1990 passed by Additional Sessions Judge, Barmer in Sessions Case No. 59/89 by which the learned Judge convicted and sentenced the accused-appellants as under:- 1. under section 302 IPC - To Life Imprisonment with a fine of Rs. 200/-, in default of payment of fine, to further undergo one month rigorous imprisonment. 2. under section 201 IPC- To seven years Rigorous Imprisonment with a fine of Rs. 100/-, in default of payment of fine, to further undergo fifteen days rigorous imprisonment. All the sentences were ordered to run concurrently.
(2.) The brief facts of the case are that on 22.08.1989 complainant Amb Singh (PW/10) filed a complaint at police station Shiv in which he alleged that his maternal uncle's (Mama) sister Sayar Kanwar was married with Mokam Singh. About two and half year after the marriage, her husband Mokam Singh, brother-in-law Tene Raj Singh and Bhar Singh started harassing her demanded dowry. About one month before the incident, when Sayar Kanwar was at her parental house, her husband Tene Raj Singh came there for taking her back but she refused to go with him. The complainant called Jograj Singh, who told Tene Raj Singh that in future if you will not harass Sayar Kanwar only then they will send Sayar Kanwar along with him. Upon giving the said undertaking, Sayar Kanwar was sent with Tene Raj Singh. On 23.08.1989 mother of Sayar Kanwar visited the complainant village and informed him that Chetan told her Sayar Kanwar was killed by her husband and his family members. On enquiry, the complainant came to know that all the accused had killed Sayar Kanwar on 22.08.1989 night and after her death, they hanged the body in a hut. On the next day morning, they cremated her dead body. On this report police registered a formal FIR at the police station Shiv which is marked Ex.P15. The police arrested all the three accused appellants and started investigation.
(3.) After due investigation, police filed a challan against accused persons namely Mokam Singh, Shri Bhar Singh, Tene Raj Singh. The challan was presented before the Court of Munsiff and Judicial Magistrate, First Class, Barmer. Thereafter the case was transferred to the court of Additional Sessions Judge, Barmer where the charges of the case were framed against all the three accused persons wherein they denied the charges and pleaded for trial.;