BHANWAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Bhanwar Khan has been convicted and sentenced as below vide the judgment dated 28.10.2015 passed by the learned Additional Sessions Judge No.2, Hanumangarh in Sessions Case No.28/2015.

(2.) Smt. Paramjeet Kaur (P.W.1) submitted a typed report (Ex.P/2) to the Station House Officer, Police Station Mahila Thana, Hanumangarh Junction on 21.04.2013 at 2.05 p.m. alleging inter alia that her daughter Smt. Naseem Bano was married to Bhanwar Khan S/o Ramzan Khan (the appellant herein) on 16.07.2006. Gold ornaments, refrigerator, television, double bed, almirah, cooler and other household articles were given by way of dowry at the time of marriage. However, Bhanwar Khan and his parents were not satisfied with the dowry articles and started demanding a motorcycle from Smt. Naseem Bano. The complainant succumbed to the relentless demands of the accused and gave him a motorcycle. However, his greed was not satisfied and he started demanding cash. For the last few months before lodging of the report, Bhanwar Khan and his parents were pressurizing Smt. Naseem Bano for a plot of land. Thinking of her daughter's better future, the complainant purchased a plot worth Rs.3,85,000/- at Roopnagar, Hanumangarh Town and gave the same to her daughter. The complainant came down to Roopnagar, Hanumangarh Town to meet her daughter, who was residing with her husband in a rented house. At that time, Smt. Naseem Bano confided in the informant that her husband used to beat her brutally after gagging her mouth and lately she was being traumatized saying as to why the plot had been purchased in her name and not in the name of Bhanwar Khan. He was also demanding that money for constructing the house should be coughed up by her parents. The complainant tried to counsel Bhanwar Khan that her daughter should not be harassed and that in future, she would satisfy his demands by giving money for construction of the house. On the previous night at 2.30 a.m., she received a call of Gulam Mohd., maternal uncle of Bhanwar Khan, who told her that Bhanwar Khan had throttled his wife (the complainant's daughter Smt. Naseem Bano) and had killed her. On receiving this information, the complainant accompanied with her husband Vikarm Singh, Jeth Balveer Singh and Bhagwan Singh, Roshan, Shobhraj and others reached Hanumangarh Town and went to the morgue, where the body of Smt. Naseem was lying and noticed various bruises, abrasions etc. visible on the neck and legs of Smt. Naseem. It was alleged in the report that Smt. Naseem had been killed by Bhanwar Khan.

(3.) On the basis of this typed report, a formal FIR No.78/2013 (Ex.P/3) was registered at the Police Station Mahila Thana, Hanumangarh Town for the offences under Sections 304-B, 498-A and 120-B of the IPC. The requisite formalities of investigation were carried out. The dead body of Smt. Naseem Bano was subjected to postmortem by the Medical Jurist of the Government Hospital, Hanumangarh Town, Dr. Shankar Lal Soni (P.W.11), who issued the postmortem report (Ex.P/13) indicating presence of pertinent marks of strangulation on the neck of the lady and bruises on her legs. Upon opening the neck, blood was seen effused in the subcutaneous tissue of the neck muscles. Right greater cornua of the hyoid bone was fractured and a red-coloured contusion was seen at the location. The injuries were stated to be antemortem in nature and sufficient in the ordinary course of nature to cause death. After conducting usual investigation as per law, the Investigation Officer proceeded to file a charge-sheet against the accused appellant for the offences under Sections 304-B, 498-A and 302 IPC in the court of the concerned Magistrate.