VINIT KUMAR MATHUR,J. - (1.) The instant appeal was admitted by this Court on 27/02/2017. The Secretary, Legal Services Authority of Rajasthan High Court, Jodhpur vide its order dated 24/04/2019 appointed Shri Ashok Kumar Upadhyay as an Amicus Curiae to contest the present appeal on behalf of the accused-appellant.
(2.) The present appeal has been preferred by the accused- appellant Mohammad Imran against the judgment dated 18/01/2017 passed by learned Additional Sessions Judge No.02, Jodhpur, Metropolitan in Sessions Case No.02/2015, whereby the accused Mohammad Hussain and Mohammad Rizwan were acquitted by the trial Court by extending the benefit of doubt to them while the accused-appellant was convicted and sentenced as under :- Offence Sentence Fine In default 302 IPC Life Imprisonment 10,000/- 6 months' R.I. 201 IPC Seven years R.I. 5,000/- 2 months R.I. All the sentences were ordered to run concurrently. The prosecution story as disclosed in the report (Ex.P.22) lodged by Devilal (P.W. 2) to the S.H.O. Police Station Pratap Nagar, District Jodhpur on 09/04/2013 is that he was resident of Sanjay (C) Colony, Pratap Nagar, Jodhpur. His daughter Neetu developed a love affair with Imran and was married to him for last two and half years and both were living together. She had a 6-7 months old son from the wedlock. Neetu often complained about the maltreatment and assault at the hands of her husband Imran. On 09/04/2013 at around 6 p.m., Azam Khan resident of their colony came to his residence and told that Neetu had been murdered by her husband Imran and her dead body had been disposed of by Imran and his two brothers Hussain and Rizwan the previous night. When he enquired from the residents of colony then he came to know that whatever Azam Khan had stated was correct. Therefore, he reported the matter to the Police Station for appropriate action.
(3.) On this written report, an FIR No. 178/2013 (Ex.P.33) was registered by the Circle Inspector, Police Station Pratap Nagar, District Jodhpur on 09/04/2013. The investigation was commenced. After completion of the investigation, police filed a charge-sheet against the accused-appellant for the offences under Sections 201, 302/34 IPC. Learned Trial Court framed, read over and explained the charge for the offences under Sections 302, 201 I.P.C to the accused-appellant, who denied the charge and sought trial. During the trial, the prosecution produced 13 witnesses apart from 54 documents to prove their case. ;