LIYAKAT ALI Vs. STATE

JUDGEMENT

(1.) THIS appeal was filed by the three appellants, out of which appellant No. 3 Jannat is the wife of appellant No. 1 Ajeem Khan, while the appellant No. 2 Liyakat is the son of other two appellants. The appellants seek to challenge the judgment of the learned Additional Sessions Judge (Fast Track) Churu dated 26.2.2003, passed in Sessions Case No. 4/02 (45, 22/99), convicting the appellant Liyakat under Section 302 IPC, and sentencing to life imprisonment along with fine of Rs. 1000/ - in default to undergo 6 months' S.I., and also convicting him for offences under Section 498A and sentencing to one year's R.I. with fine of Rs. 500A in default to undergo three months' further S.I., and also convicting him for offence under Section 201 and sentencing to one year's R.I. with fine of Rs. 500/ -, in default to undergo three months' further S.I., while convicting the other two appellants Ajeem Khan and Jannat for offence under Section 302/34 and sentencing to life imprisonment with fine of Rs. 1000/ -, in default to undergo six months' S.I., and also convicting them under Section 498A and sentencing to one year's R.I. with fine of Rs. 500/ - in default to undergo three months' further S.I., and also convicting them for offence under Section 201 and sentencing to one year's R.I. with fine of Rs. 500/ -, in default to Undergo three months' further S.I.

(2.) THE appeal was filed on 3.3.2003. However, during pendency of the appeal, the appellant No. 1 Ajeem Khan died, and therefore, vide order dated 16.8.2007 his appeal was ordered to have abated. Thus, only two appellants Liyakat and Jannat remain.

(3.) THEN the statements of the accused were recorded under Section 313, wherein Ajeem Khan stated, that his son was living in Dubai for last 4 -5 years before the. incident, and whenever he used to come to Jhariya, Jumila always insisted to go with him to Dubai, but she was convinced, as there was no accommodation available in Dubai with Liyakat. Then he has stated that three months before the incident, Liyakat came from Dubai, and when he wanted to go back, Jumila insisted to accompany, and on Liyakat's declining, sometime in the night, she committed suicide by hanging on the hook of fan in the room with the help of her Chunni. They sent intimation to her parental house, whereupon her father, and father's elder brother came to village Jhariya along with the mother and Bhabhi of the deceased, and in their presence, and with their consent, according to the customs, she was buried. Thereafter, under some instigations, and under pressure of Sattar Khan, Mustaq has lodged a false report. He denied to have made any extra judicial confession, he stated that Bulkesh is married to his younger son Jakir, who live together, and live in commensality, the allegation of demand of dowry was denied, and that it was on account of Liyakat not taking Jumila to Dubai, that she committed suicide.