MOHAMMAD RAFIQ,J. - (1.) This appeal is directed against the judgement dated 19.01.2015 passed by the Additional Sessions Judge No. 2, Kota by which the accused-appellant-Deen Dayal was convicted for offence under section 302 read with Section 34 IPC and sentenced to life imprisonment with fine of Rs. 20,000, in default of which, he was to further undergo simple imprisonment of six months. He has also been convicted for offence under section 201 read with Section 34 IPC and sentenced to simple imprisonment of one year with fine of Rs. 500, in default of which, he was to further undergo simple imprisonment of one month. Both the sentences were order to run concurrently. The learned trial court by the self same judgement acquitted the other four accused respectively mother, father and two brothers of the accused-appellant herein.
(2.) The brief and relevant facts of present case are that on 05.05.2005 complainant Heera Lal submitted a written report to the police station Kaithun alleging that marriage of his daughter Mamta Bai was solemnized with the accused-appellant Deen Dayal ten years ago and 'Gona' ceremony was preformed after one year of the marriage when she went to her in-laws home to stay with them. After sometime, members of her in-laws family started quarrelling with her and driven deserted her out of the matrimonial home on demand of dowry. Thereafter, father-in-law of Mamta Bai come to her maternal home for compromise and took her back. But after sometime, her husband again thrown her out as he asked her to bring a motor cycle, TV, fridge etc. from her father. He threatened her that if his demand was not fulfilled, she would be killed. Some villagers of Keechalheda told him that his daughter was seen moving on the roof at about 12.00 AM. After two hours, her father-in-law reached the village of informant and told him that his daughter had become unconscious and asked the informant to come with him. When they reached near village Tathed, he told to him that his daughter died due to hanging. When relatives of Mamta Bai reached village Keechalheda, they learnt that Mamta Bai had already been cremated at about 2.00 PM. Accused thereby destroyed the evidence of the crime. It was therefore prayed that action be taken against the accused persons.
(3.) On the basis of the said written complaint, police lodged FIR No. 144/2005 at Police Station Kaithun for offence under Sections 304-B, 201 read with 34 IPC against the accused persons and started the investigation. After completion of investigation, the police presented negative final report in favour of the accused persons before the competent court. Thereupon, the complainant filed protest petition before the court. His statement under Section 200 and of his witness under Section 202 were recorded. On the basis of statements, cognizance under Sections 302/34 and 201/34 IPC was taken and warrant of arrest was issued. Accused persons were arrested. Thereafter, case was committed to learned Additional Sessions Judge No. 2, Kota for trial.;