GOPAL KRISHAN VYAS,J. - (1.) Both the cr. appeals field by the accused appellants Lokesh and Narendra are directed against the judgment dated 3.3.2012 passed by the learned Addl. Sessions Judge (Women Atrocities and Dowry Cases), Bhilwara passed in Cr. Case No.70/2007 whereby the learned trial court convicted the accused appellant Lokesh and Narendra for commission of offence under Section 302, 302/120B and 201 IPC and passed the following sentence, which reads as under: As per facts of the case, a missing report (Ex.P/26) was submitted by one Nand Lal, father of the deceased at Police Station Kukdeshwar, District Neemuch, MP in which it is stated by him that his daughter Dhapu aged about 22 years went out of home on 21.4.2007, while saying her mother Mangi Bai that she is going to market for purchasing for the purpose of her marriage, but did not come back till evening and upon search, her whereabouts are not traced out. During search when complainant reached at one Lodge (Guest House) at Nimbaheda and shown the photograph of his daughter to servant of the Guest House then he was is informed by the servant of lodge that the said girl stayed in the Guest House for 2-3 hours and left the Guest House. Further, informed that she was wearing Salvar suit of yellow colour and black sleepers and wearing earring (Jhumka), one golden chain in her neck. It is also informed by the father Nand Lal that uon her right hand, there was mark "LD". Upon aforesaid information submitted by complainant Nand Lal Khati, the missing report no.4/2007 was registered and investigation was handed over to one Shambhu Nath. Wireless and Radiogram messages were sent at different Police Stations including Neemuch and Chittorgarh. The statement of Nand Lal Khati were recorded during search in which Nand Lal informed that his daughter Dhapu was having relation with one Lokesh S/o Bheru Lal Khati, therefore raised doubt upon him. After recording statement of Nand Lal, father of the deceased, serious efforts were made to search out Lokesh and in the search Lokesh was found at Neemuch bus stand and upon inquiry from him it is informed by him that Dhapu went with him at Nimbaheda and stayed in Hotel Kanchan for some time and, thereafter, in the night of 21.4.2007, we stayed at Ramshree Hospital, Bhilwara and thereafter on 22.4.2007 he alongwith Narendra Khati and Rajesh Khati took Dhapu in auto and forcibly took her near railway track of Jodhrash Choraha. It is also informed by Lokesh that he was having illicit relation with Dhapu and marriage of Dhapu was going to be solemnized on 26.4.2007, therefore, he tried to send Dhapu back at Kukdeshwar but she was not ready to go back and she compelled Lokesh for marriage, but Lokesh being married person was not willing to marry with her, therefore, by using her Chunni committed murder of Dhapu by throttling and her dead body is buried near railway track, the ornaments were also taken in possession form the body of deceased Dhapu. Upon aforesaid information given by the accused appellant the body of the deceased was recovered from the place verified by Lokesh near Jodhrash railway track from the pit. As per interrogation note (Ex.P/28) the SHO Kukdeshwar went at the place alongwith accused and found hand and legs of a body on the spot.
(2.) The SHO Police Station Sadar registered the FIR no.114/2007 under Section 302/34 and 201 IPC and after conducting investigation filed charge-sheet against three persons Lokesh, Narendra and Rajesh under Section 302, 201, 341, 368, 364 and 120B IPC in the court of Judicial Magistrate, First Class No.1, Bhilwara from where case was committed to the court of Sessions Judge, Bhilwara for trial.
(3.) The learned Sessions Judge, Bhilwara transferred the case in the court of Addl. Sessions Judge (Women Atrocities and Dowry Cases), Bhilwara for trial.;