DEEN MOHAMMAD Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) By this common judgment we will decide D.B. Cr. Appeal No.13/2005, preferred by Deen Mohammad - husband of Kurshida, deceased, and S.B. Criminal Appeal No.1024/2004, preferred by Bhure Khan, father-in-law, and Aas Mohammad, elder brother of Deen Mohammad (jeth of the deceased).

(2.) Shri Kapil Gupta, counsel appearing for the appellants, has submitted that during pendency of the appeals, Bhure Khan had died and an application for taking death certificate of Bhure Khan on record, was filed.

(3.) The D.B. Cr. Appeal No.13/2005 preferred by Deen Mohammad, and the S.B. Cr. Appeal No.1024/2004 preferred by Bhure Khan and Aas Mohammad, are directed against the judgment dated 14.9.2004 rendered by Addl. District Judge (Fast Track) No.1, Alwar, whereby the learned Trial Court held appellant Deen Mohammad alias Murli guilty of offence under Section 304-B and 498-A IPC. The learned Trial Court had convicted Bhure Khan and Aas Mohammad for offence under Section 498A IPC as these appellants were charged for only this offence. Another co-accused Chand Mal son of Rolya alias Ismail, was declared as proclaimed offender. Having convicted the appellants for the said offences, the learned Trial Court vide a separate order of even date, sentenced appellant Deen Mohammad alias Murli under Section 304-B to life imprisonment and pay a fine of Rs.5000/-, in default thereof, to undergo rigorous imprisonment for one year. All the three appellants Deen Mohammad alisa Murli, Bhure Khan, and Aas Mohammad for offence under Section 498A IPC, were sentenced to three years' rigorous imprisonment and pay a fine of Rs.1000/- each and in default thereof, to undergo rigorous imprisonment for three months.