UKE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Uke Khan son of Baje Khan has preferred this appeal against his conviction and sentence under Section 302 IPC to life imprisonment with a fine of Rs.3000.00 and in default of payment of fine two years' additional imprisonment under the order dated 20/2/2004 passed by learned Additional Sessions Judge (Fast Track), Jalore.

(2.) The prosecution case in brief is that Abu Khan on 10.8.2002 at 9:30 AM submitted a written report (Ex.P/6) with the facts that his sister Nasim Bano @ Laxmi wedded with Uke Khan in the year 1999 and at that time gold and silver ornaments and also other utensils were given in dowry, however, Baje Khan, father of Uke Khan, and Mrs. Shanti, mother of Uke Khan used to torture Nasim Bano with a demand for dowry. Looking to beating given to Nasim Bano at about five months back from the date of incident she was taken to Balwada (parental place) by her father Askar Khan and then on 3.8.2002 Uke Khan himself, his father Baje Khan and his elder brother came to their village for negotiations in panchayat. Nasim Bano was apprehending her death, therefore, after panchayat Abu Khan took his sister and her husband Uke Khan to Modra where he was posted as a police constable. On 5.8.2002 Baje Khan came to Modra and told to Abu Khan's wife that the consequences of carrying Uke Khan and his wife to Modra shall be known within a period of ten days. On 10.8.2002 when Abu Khan was coming from his duties and his wife was coming after purchasing vegetables, on receiving information from their neighbour Durg Singh about hearing of loud cryings from their house, they went there and found that Uke Khan was riding on the chest of Nasim Bano and was strangulating her by giving a scarf knot. Abu Khan removed the scarf but after few minutes Nasim Bano @ Laxmi died.

(3.) On basis of the first information report a case was registered against Uke Khan, Baje Khan and Smt. Shanti wife of Baje Khan. Uke Khan was charged for commission of offences under Sections 302 and 498- A IPC whereas Baje Khan and Smt. Shanti were charge sheeted for an offence under Section 498-A IPC and committed to the court of Sessions and tried. They pleaded not guilty. To prove its case the prosecution in all examined 21 witnesses of whom PW-5 Abu Khan (husband of deceased), PW-7 Manjula (wife of Abu Khan) and PW-1 Durgpal Singh are the eye witnesses of the occurrence. They corroborated the prosecution story. PW-14 Dr. Rajumal was Head of Medical Board that had done autopsy on the dead body on 10.8.2002 and proved the postmortem report Ex.P/14, according to which the board noted the following:- EXTERNAL APPEARANCE: