SHARVAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant stands convicted and sentenced as below vide the judgment dated 30.09.2015 passed by learned Addl. Sessions Judge No.2, Nagaur in Sessions Case No.50/15 (189/11) (55/14).

(2.) Being aggrieved of his conviction and sentences, he has preferred the instant appeal under Section 374 (2) Cr.P.C. The facts relevant and essential for disposal of the instant appeal, are noted hereinbelow.

(3.) The appellant herein was married with the deceased Samdu in August, 2011. Smt. Samdu had gone to her father's house (Nathuram, complainant) on the occasion of Rakhi. She went missing upon which Shri Nathuram lodged a Missing Person Report ('MPR') (Ex.D/1) on 28.08.2011 at Police Station Khinvsar inter alia alleging that on 26.08.2011 in the evening at 7:30, while he and his family members were taking dinner, Samdu went out from the home without informing anyone and was missing thereafter. She had been married to Shri Sharvan Ram S/o Shri Champaram by Caste Nayak and had been going to her matrimonial home for the last two years. She had a mobile phone bearing No.8890432039. Soon before her disappearance, she was overheard talking to someone with this phone. Thereafter, she secretly went out of the house. After Samdu went missing, the complainant and the members of his family made inquiries with various paternal relatives as well as her matrimonial relatives but there was no clue of her whereabouts. On 27.08.2011 also, the first informant continued to search for Samdu but he could not succeed. It was categorically mentioned in the report that Samdu was having no dispute with anyone either in the matrimonial home or at her Pihar. The statement of Nathuram was recorded in connection with the MPR on 28.08.2011 itself wherein he verbatim repeated the averments made in the MPR. However, Samdu could not be traced out for about ten days.