GANI KHAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by the accused appellant Gani Khan, against the judgment dated 16.03.2002, passed by the learned Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No. 208/2001[15/2001].

(2.) 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 498A 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. 208/2001 [15/2001] 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 and a separate Sessions Case No. 17/2003 was registered.

(3.) THE nub of the prosecution story is that on 08.10.2000 a FIR was lodged by Mangoo Khan stating that his daughter Maina had been married to Gani Khan in the year 1991. After her marriage her mother -in -law, father - in -law, sister - in -law, brother -in -law and husband Gani Khan physically tortured her for dowry. On every visit to his house she used to narrate the incidents of dowry demands. On 08.10.2000 Muse Khan came to his house and informed him that his daughter had been killed by her in -laws. He was further informed that Maina was first murdered and thereafter burnt by her in -laws and husband. On this report, FIR No. 512/2000 was registered at Police Station, Nagaur and investigation commenced.