MUMTAZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal filed by the accused appellant Mumtaz Khan and Mahendu Khan against the judgment dated 22.01.2004 passed by the learned Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No. 20/2003 (17/2003). In the court of Addl. Chief Judicial Magistrate, Nagaur, a charge sheet was filed against three accused , namely Gani Khan, Mahendu Khan and Mumtaz Khan under section 302 and 498 A of the Indian Penal Code. The accused Mahendu Khan and Mumtaz Khan were declared proclaimed offenders and thus a charge sheet was filed against them in their absence. Therefore, in Sessions case No. 20/2003 (17/2003) the trial was conducted against the accused appellant Gani Khan. Later on, both these accused surrendered and a separate charge sheet was filed in the court of Addl. Chief Judicial Magistrate, Nagaur. Both the cases being session's triable, they were committed to the court of Addl. District & Sessions Judge, Nagaur for trial. In the case of Gani Khan, vide judgment dated 16.03.02, he was found guilty for the commission of offence under section 498A and 302 IPC.

(2.) During the pendency of appeal, accused Mahendu Khan died on 24.03.2008 and this court vide order dated 18.05.2010 had ordered to abate the appeal in respect of Mahendu Khan.

(3.) During the course of investigation, the statements of the witnesses were recorded by the investigating officer and a site memo was prepared , autopsy was conducted on the body of deceased Maina and after usual investigation a charge sheet was filed in the court of Addl.Chief Judicial Magistrate, Nagaur against accused appellants Mahendu Khan and Mumtaz Khan. After the trial, appellant Mumtaz Khan was found guilty for commission of offence under section 302 and 498A IPC and sentenced as under :