SANDEEP MEHTA, J. - (1.) The appellant stands convicted and sentenced as below vide the judgment dated 30.09.2015 passed by learned Addl. Sessions Judge No.2, Nagaur in Sessions Case No.50/15 (189/11) (55/14).
(2.) Being aggrieved of his conviction and sentences, he has preferred the instant appeal under Section 374 (2) Cr.P.C. The facts relevant and essential for disposal of the instant appeal, are noted hereinbelow. Facts in brief:
(3.) The appellant herein was married with the deceased Samdu in August, 2011. Smt. Samdu had gone to her father's house (Nathuram, complainant) on the occasion of Rakhi. She went missing upon which Shri Nathuram lodged a Missing Person Report ('MPR') (Ex.D/1) on 28.08.2011 at Police Station Khinvsar inter alia alleging that on 26.08.2011 in the evening at 7:30, while he and his family members were taking dinner, Samdu went out from the home without informing anyone and was missing thereafter. She had been married to Shri Sharvan Ram S/o Shri Champaram by Caste Nayak and had been going to her matrimonial home for the last two years. She had a mobile phone bearing No.8890432039. Soon before her disappearance, she was overheard talking to someone with this phone. Thereafter, she secretly went out of the house. After Samdu went missing, the complainant and the members of his family made inquiries with various paternal relatives as well as her matrimonial relatives but there was no clue of her whereabouts. On 27.08.2011 also, the first informant continued to search for Samdu but he could not succeed. It was categorically mentioned in the report that Samdu was having no dispute with anyone either in the matrimonial home or at her Pihar. The statement of Nathuram was recorded in connection with the MPR on 28.08.2011 itself wherein he verbatim repeated the averments made in the MPR. However, Samdu could not be traced out for about ten days. Shri Nathuram lodged a detailed report with the SHO PS Khinvsar on 05.09.2011 alleging therein that Samdu had been married to Shri Sharvan Ram S/o Shri Champa Ram (the appellant herein) about two and half years ago. The informant had given significant dowry in the marriage as per his capability. However, whenever Samdu came to his house after the marriage, she complained that her husband was threatening to kill her on account of demand of dowry and was sniding that he would re- marry. Samdu came to his house on the occasion of Rakhi. On 26.08.2011 at about 8 to 9 PM, her husband Sharvan Ram came outside his house and called Samdu on her phone. Smt. Samdu intimated her mother that her husband was calling and thereafter she left the house but did not return. They made search for her whereabouts. On the next morning, they went to Tadwas and made an inquiry from Sharvan Ram who admitted that Samdu had accompanied him to Tadwas on the previous night but thereafter she sneaked away surreptitiously. When Samdu could not be traced out despite all efforts, the first informant alongwith PW-3 Arjunram, PW-5 Jagram and PW-6 Paburam, confronted Sharvan Ram under the oath of God, upon which he confessed that he and his four-five friends conspired together and had murdered Samdu. The informant alleged in the report that these facts could be verified from the call details and that requisite action should be taken against Sharvan Ram and his companions. On the basis of this complaint, an FIR No.135/2011 was registered at Police Station Khinvsar for offences under Sections 498A, 406, 304B and 201 IPC. The investigation was assigned to the CO, SC/ST Cell, Nagaur because the case involved the disappearance and suspected dowry death of a girl belonging to SC community. ;