POOJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) POOJA , Kamlesh, Bachchu Singh sons of Balmukund and their mother Smt. Savitri, have been convicted vide impugned judgment dated 23.4.2005, for offence under Sections 304 -B and 201 IPC by the court of Additional District Sessions Judge (Fast Track) No.2, Dholpur. Vide separate order of even date, all the appellants were sentenced as under: - U/s. 304 -B IPC - to undergo life imprisonment and to pay a fine of Rs. 1000/ - each, in default of payment of fine to further undergo two years' S.I. U/s. 201 IPC - to undergo R.I. for two years and to pay a fine of Rs. 400/ - each, in default of payment of fine to further undergo two months' S.I.

(2.) AGGRIEVED against their conviction and sentence, the appellants instituted D.B. Criminal Appeal No. 461/2005. A separate appeal on behalf of the appellants was also received from the Jail and the same was assigned docket no. D.B. Criminal Jail Appeal No. 643/2005. Since in both the appeals, the same appellants have challenged the same impugned judgment, we shall club both the appeals and decide them together.

(3.) ANTA Ram (P.W.17), the complainant was married with Ramsnehi (P.W.19); six daughters were born out of their wedlock. Two daughters, namely Jamna (P.W.18) and Seema (the deceased), were married to two brothers, namely Kamlesh and Pooja, the appellants no. 2 and 1, respectively. Kamlesh was married with Jamna (P.W.18) about nine years before the occurrence, whereas, second daughter Seema, (the deceased) was married with Pooja, two years before the occurrence.