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2009 Supreme(Raj) 180

[Citation : 2009(2) RLW 1263 (Raj.)]
(Rajasthan High Court)
Liyakat Ali & Ors. Vs. State (Gupta, J.)
HON BLE N.P. GUPTA, J.
HON BLE KISHAN SWAROOP CHAUDHARI, J.
Liyakat Ali & Ors.
Versus
State
D.B. Criminal Appeal No. 304 of 2003, decided on 04.02.2009

Advocates Appeared
Vineet Jain, for Appellant/Petitioner;
J.P.S. Choudhary, PP, for State;
N.L. Joshi, for Complainant

Headnote:Cr.P.C., 1973, Sec. 313; Penal Code, Sec. 302, 302/34, 498-A, 201 — Not obtaining the explanation of accused with regard to circumstances appearing against him while recording statement u/S. 313 Cr.P.C. — Held — Necessity of obtaining explanation of accused on the evidence appearing against him during trial cannot be under assessed or under mined — The matter is required to be remanded to trial Court with a direction to retry from the stage of completion of prosecution evidence, to seek explanation of accused on the omitted material and thereafter to decide the matter afresh — Matter remanded.

       Appeal allowed. (Paras 42 to 50)

        na-iz-la-] 1973] /kkjk 313( n.M lafgrk] /kkjk 302] 302@34] 498-A, 201 & na-izla- dh /kkjk 313 ds rgr vfHk;qDr ds c;ku ntZ djrs le; mlds fo:) izdV gksus okyh ifjfLFkfr;ksa ds lEcU/k esa vfHk;qDr dk Li"Vhdj.k gkfly ugha djuk & vfHkfu/kkZfjr & fopkj.k ds nkSjku vfHk;qDr ds fo:) izdV gksus okys lk{; ij mldk Li"Vhdj.k gkfly djus dh vko;drk dk vkadyu de ugha fd;k tk ldrk & bl ekeys dks fopkj.k U;k;ky; dks bl funsZk ds lkFk izfrizsf"kr fd;k tkuk pkfg;s fd og vfHk;kstu lk{; ds iw.kZ gksus dh voLFkk ls mldh iqufZopkj.k djsa ,oa NksM+s x;s fo"k; ij vfHk;qDr dk Li"Vhdj.k fofufp; djsa & ekeyk izfr izsf"kr fd;kA ?in la[;k 42 ls 50?

       vihy Lohdkj dhA

       .

Hon ble GUPTA, J.— 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.500/- 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. The facts of the case are, that on 25.7.1999 at 2 PM, one Mustaq Khan resident of Rajpura submitted a written report (typed report) (Ex.P/1) at Police Station Dudwakhara, alleging inter-alia that his two daughters were married to Liyakat and Jakir of village Jhariya on 11.6.1993. After marriage, his daughters Jumila and Bulkesh told that their father-in-law Ajeem Khan and mother-in-law Jannat harassed them for dowry, and therefore, as and when they used to come, the informant was giving necessary articles of dowry. It was then alleged that some 3 years ago, Liyakat had gone abroad, at that time, his daughter demanded Rs.40,000/-, which he managed by pledging his household goods, and gave it, still daughters were treated with cruelty, inasmuch as, they were not even given food. With this, it was then alleged that some 2 months ago, Liyakat came from abroad and raised a demand of shebuffalo, which was conveyed by Jumila to the effect that if she-buffalo is not given, she will be killed, however, he could manage a cow, and was sent with her, but the three accused persons gave out that they had demanded of shebuffalo and not cow, thereupon he gave out that presently they should rest contented with cow, and she-buffalo will be given later. With this it was alleged, that on 23.7.99 he received information that Jumila has died, thereupon he, along with his brother Sattar Khan, went to Jhariya, by which time it was already night and dark, and it started raining as well. The dead body of Jumila was already buried, and the body was not shown to him. It is alleged, that his other daughter Bulkesh was unconscious at that time, and therefore, they brought her with them. Then on 24.7.99, on gaining conscious, Bulkesh disclosed, that the three accused persons have murdered Jumila by throttling, which she has seen, and she become unconscious. She also disclosed that the accused planned to kill her also, but she does not know, as to how she is not killed, and that the three accused persons gave beating and killed Jumila, on account of her having taken cow instead of buffalo. On learning this, the informant Mustaq Khan along with his brother Sattar, Inayat Khan, Nawab Khan, Yakub Khan, Wahid Ali, Bhanwaru Khan and Kasam Khan went to Jhariya, and narrated the things disclosed by Bulkesh. Thereupon, the three accused confessed their guilt, that they had collec































































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