N.P.GUPTA, J. - (1.) THIS appeal was filed by the three appellants, out of which appellant No. 3 Jannat is the wife of appellant No. 1 Ajeem Khan, while the appellant No. 2 Liyakat is the son of other two appellants. The appellants seek to challenge the judgment of the learned Additional Sessions Judge (Fast Track) Churu dated 26.2.2003, passed in Sessions Case No. 4/02 (45, 22/99), convicting the appellant Liyakat under Section 302 IPC, and sentencing to life imprisonment along with fine of Rs. 1000/ - in default to undergo 6 months' S.I., and also convicting him for offences under Section 498A and sentencing to one year's R.I. with fine of Rs. 500A in default to undergo three months' further S.I., and also convicting him for offence under Section 201 and sentencing to one year's R.I. with fine of Rs. 500/ -, in default to undergo three months' further S.I., while convicting the other two appellants Ajeem Khan and Jannat for offence under Section 302/34 and sentencing to life imprisonment with fine of Rs. 1000/ -, in default to undergo six months' S.I., and also convicting them under Section 498A and sentencing to one year's R.I. with fine of Rs. 500/ - in default to undergo three months' further S.I., and also convicting them for offence under Section 201 and sentencing to one year's R.I. with fine of Rs. 500/ -, in default to Undergo three months' further S.I.
(2.) THE appeal was filed on 3.3.2003. However, during pendency of the appeal, the appellant No. 1 Ajeem Khan died, and therefore, vide order dated 16.8.2007 his appeal was ordered to have abated. Thus, only two appellants Liyakat and Jannat remain. The facts of the case are, that on 25.7.1999 at 2 PM, one Mustaq Khan resident of Rajpura submitted a written report (typed report) (Ex.P/1) at Police Station Dudwakhara, alleging inter -alia that his two daughters were married to Liyakat and Jakir of village Jhariya on 11.6.1993. After marriage, his daughters Jumila and Bulkesh told that their father -in -law Ajeem Khan and mother -in -law Jannat harassed them for dowry, and therefore, as and when they used to come, the informant was giving necessary articles of dowry. It was then alleged that some 3 years ago, Liyakat had gone abroad, at that time, his daughter demanded Rs. 40,000/ -, which he managed by pledging his household goods, and gave it, still daughters were treated with cruelty, inasmuch as, they were not even given food. With this, it was then alleged that some 2 months ago, Liyakat came from abroad and raised a demand of shebuffalo, which was conveyed by Jumila to the effect that if she -buffalo is not given, she will be killed, however, he could manage a cow, and was sent with her, but the three accused persons gave out that they had demanded of shebuffalo and not cow, thereupon he gave out that presently they should rest contented with cow, and she -buffalo will be given later. With this it was alleged, that on 23.7.99 he received information that Jumila has died, thereupon he, along with his brother Sattar Khan, went to Jhariya, by which time it was already night and dark, and it started raining as well. The dead body of Jumila was already buried, and the body was not shown to him. It is alleged, that his other daughter Bulkesh was unconscious at that time, and therefore, they brought her with them. Then on 24.7.99, on gaining conscious, Bulkesh disclosed, that the three accused persons have murdered Jumila by throttling, which she has seen, and she become unconscious. She also disclosed that the accused planned to kill her also, but she does not know, as to how she is not killed, and that the three accused persons gave beating and killed Jumila, on account of her having taken cow instead of buffalo. On learning this, the informant Mustaq Khan along with his brother Sattar, Inayat Khan, Nawab Khan, Yakub Khan, Wahid Ali, Bhanwaru Khan and Kasam Khan went to Jhariya, and narrated the things disclosed by Bulkesh. Thereupon, the three accused confessed their guilt, that they had collectively killed Jumila, which was their mistake, and they should be pardoned. On this report, FIR No. 76/99 was registered for offences under Section 498A, 304B and 201 IPC. Necessary investigation was conducted, and chargesheet was filed. Since the accused Liyakat was absconding, charge -sheet was filed against him under Section 299 Cr.P.C. the learned trial Court framed charges for the offences under Sections 302 or in the alternative 302/34 read with Section 201 and 498A of the Indian Penal Code, and the trial was commenced. During trial, statements of some 5 witnesses were recorded upto 9.5.2000. Thereafter, accused Liyakat could be arrested from Air Port Delhi, and then fresh trial was conducted by re -examining the witnesses, whose statements had already been recorded. This fresh trial commenced on 9.10.2000, wherein the prosecution examined P.W.1 Mustaq Khan, P.W.2 Bulkesh, P.W.3 Bhanwaru Khan son of Habib Khan, P.W.4 Bhanwaru Khan son of Rahim Khan, P.W.5. Sadule Khan, P.W.6 Wahid All son of Bhanwaru Khan, P.W.7 Sattar Khan son of Kalu Khan, P.W.8 Dr. Satpal Bhuradla, who conducted the post mortem, P.W.9 Pradeep Kumar, who submitted the charge -sheet, P.W. 10 Rajesh Kumar Sharma, the Investigating Officer, P.W.11 Jagdev Singh, who carried the sealed articles to FSL, P.W. 12 Nawab Ali Khan, who had arrested the accused Liyakat and P.W. 13 Vishnu Narayan, who registered the FIR.
(3.) THEN the statements of the accused were recorded under Section 313, wherein Ajeem Khan stated, that his son was living in Dubai for last 4 -5 years before the. incident, and whenever he used to come to Jhariya, Jumila always insisted to go with him to Dubai, but she was convinced, as there was no accommodation available in Dubai with Liyakat. Then he has stated that three months before the incident, Liyakat came from Dubai, and when he wanted to go back, Jumila insisted to accompany, and on Liyakat's declining, sometime in the night, she committed suicide by hanging on the hook of fan in the room with the help of her Chunni. They sent intimation to her parental house, whereupon her father, and father's elder brother came to village Jhariya along with the mother and Bhabhi of the deceased, and in their presence, and with their consent, according to the customs, she was buried. Thereafter, under some instigations, and under pressure of Sattar Khan, Mustaq has lodged a false report. He denied to have made any extra judicial confession, he stated that Bulkesh is married to his younger son Jakir, who live together, and live in commensality, the allegation of demand of dowry was denied, and that it was on account of Liyakat not taking Jumila to Dubai, that she committed suicide.;