VINIT KUMAR MATHUR,J. - (1.) The present criminal appeal has been preferred on behalf of the accused-appellants against the judgment dated 20.10.2009, passed by learned Additional Sessions Judge (Fast Track), Balotra, Headquarter Barmer, Camp Balotra in Sessions Case No.34/2008 by which the accused-appellants have been convicted for offences under Sections 302 and 201 IPC and sentenced as under: Under Section 302 IPC: Life imprisonment with a fine of Rs. 1,000/- each, in default of payment of fine to further undergo three months' simple imprisonment. Under Section 201 IPC: Seven year's rigorous imprisonment with a fine of Rs. 1,000/- each, in default of payment of fine to further undergo three months' simple imprisonment.
(2.) In brief the case of the prosecution is that on 18.02.2008, a written complaint was filed before the Deputy Superintendent of Police, Balotra, by Sakar Khan (PW-4), the father of the deceased Leela stating therein that his daughter Leela was married to accused Aasin Khan three years prior to the incident in accordance with Muslim customs and rituals. He further stated that on 12.02.2008 in the evening Geni, the mother-in-law of his daughter Leela and her husband Aasin Khan after giving beatings to his daughter hanged her in the room of Aasin Khan. This hanging was farce. On 13.02.2008 in the evening at around 7:00 PM Nabbe Khan and Gani Khan came to his house and told him that his daughter Leela had died due to hanging and since they are parents of the deceased, they should accompany them. On this he refused saying that they have killed his daughter, therefore, he will accompany them. On 14.02.2008 at around 8:00 AM his son-in-law Aasin Khan accompanied by Nabbe Khan, Gani Khan, Misre Khan, Barkat Khan and Rasul Khan came to his house and admitted that they have committed mistake in killing his daughter. These persons in the presence of Gani Khan, Suban Khan, Aarab Khan S/o Kamal Khan, Aarab Khan S/o Ghume Khan the residents of their village, confessed that his daughter has been killed by his son-in-law Aasin Khan and mother-in-law Geni, therefore, he should accompany them for funeral of his daughter. On hearing this he became disturbed and was feeling sick and then these people took him to the house of his daughter in a Car. He was accompanied by his brother Bakse Khan. On reaching the house of his daughter he was very sick and disturbed but his brother Bakse Khan saw his daughter Leela who was having multiple injuries on her body and her neck was strangulated. There were injuries on the neck and waist of his daughter. His brother told them to inform the police and for getting the postmortem done of the deceased before the cremation, but the accused persons refused and the dead body was cremated against their wishes. Thereafter he met the people of his community on 17.02.2008 and a decision to lodge a complaint was taken. Therefore, he has lodged this complaint for getting the dead body of deceased exhumed and the postmortem be done after arresting the accused persons. On the aforesaid complaint, an FIR was registered against the accused persons on 20.02.2008 for the offences under Sections 302 and 201 IPC, P.S. Mandli, District Barmer.
(3.) The dead body was exhumed and the postmortem was conducted on 22.02.2008 and since the cause of death was uncertain, therefore the viscera samples were collected and the same were sent to the Forensic Science Laboratory for the Histopathological and chemical analysis.;