NIYAMAT KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the accused appellant Niyamat Khan against the judgment of Additional District & Sessions Judge (Fast Track) No. 3 Ajmer, Camp Kishangarh, dated 08.07.2004, whereby the accused appellant was convicted for the offence under Ss. 304B and 498A IPC and was sentenced for the offence under Sec. 304B, for ten years rigorous imprisonment and for the offence under Sec. 498A, for a period of three years rigorous imprisonment and a fine of Rs. 5,000/ -, in default of payment of fine to further undergo, rigorous imprisonment for one year.

(2.) Briefly stated, the prosecution case is that on 15.06.2003, at about 10.30 A.M., Anwar Khan, lodged a report at Police Station Kishangarh, stating that his daughter Naseem Bano was married on 22.02.2003 in Pathan Samaj Samelan, with Niyamat S/o. Chotu Khan, resident of Kishangarh. He further reported that after few days demand of golden ring, jewellery, fridge, cooler and almirah as well as cash was raised by accused Niyamat Khan, husband and his three sisters. Just before two days of this report, a sum of Rs. 10,000/ - was demanded or if not available, then 5,000/ - could be advanced and with this demand deceased had come to him but the demand could not be acceded then accused Niyamat himself came to demand 5,000/ - and he was also refused by the complainant in view of his financial capacity. He also told the appellant that his daughter should not be harassed. Even two days before this report, his wife had gone to her daughter to meet and she found every thing quite healthy and did not find any thing to suspect that her daughter could be put to death. On this report a case under Sec. 498(A), 304(B) IPC was registered and the investigation commenced. During investigation, 'Panchayatnama' of dead body (Ex.2) was prepared on 15.06.2003. The dead body was handed over to Anwar Khan, father of the deceased. Post Mortem was conducted and the Board Members opined that no cause of death could be ascertained and the same can be ascertained after the FSL Report of viscera collected from the body. After receipt of FSL Report (Ex.P5), the cause of death was found to be cardio -respiratory failure as a result of organo -phosphorous poisoning. During the investigation, accused Niyamat Khan and his sisters Ku. Heera alias Tarana, D/o. Fareed Khan, aged 18 years, Ku. Praveen D/o. Shamsher Khan, aged 19 years and Ku. Babu alias Ramjan D/o. Chotu Khan, were also arrested and after collecting necessary evidence, all of them were challaned to the Court. They were charge sheeted for the offence under Ss. 498A and 304B IPC. The accused pleaded not guilty and claimed to be tried. The police examined as many as 17 witnesses and thereafter the statements of accused were recorded under Sec. 313 Cr.P.C. In the statement under Sec. 313 Cr.P.C. the accused claimed to be innocent. Two witnesses, namely DW1 Zakir Hussain and DW2 Ahmad Hussain were examined on the point that they lived in the nearby locality and they had not heard about any demand of dowry and consequent harassment of the deceased. After hearing final arguments the trial court acquitted co -accused Ku. Heera, Ku. Praveen and Ku. Babu for the offence under Ss. 498A and 304B IPC while the accused appellant was convicted for the offence under Ss. 304B and 498A IPC and was sentenced in the manner indicated herein above.

(3.) Heard the arguments of learned counsel for the appellant, learned Public Prosecutor for the State and perused the record.