The eyewitness of this incident is PW 2 Arsa, who happens to be the wife of accused Hanif Khan and who unveiled the curtain of this criminal act of rape and murder.
On having disclosed the above stated incident by Arsa in her police statement Ext.
The companyplainant stated that he did number know as to what has happened with his daughter.
He requested that appropriate action may be taken.
As per the prosecution story about four five months ago on the day of the incident husband of Julekhan namely Bablu Khan and her mother ion law Raja had gone towards Fazilka Punjab to feed the animals and on the day of the incident, both of them were number present at their house at Village Bolivia.
After companypleting the investigation, this charge sheet was filed in the above stated offence.
As the accused persons pleaded innocence trial was held.
Treating the house of accused Hanif Khan as the place of occurrence, the site plan of the spot Ext.
On hearing this, companyplainant Billu Khan reached at the Dirge of village Bolivia.
P 1 Police Station Sri Vijaynagar registered the First Information Report No.
Arsa had also revealed that accused Nooran who happens to be her sister in law and sister of accused Hanif Khan was present at the place of occurrence at the time of the incident and she rendered the fullest companyperation to the companyaccused persons in companymission of this crime and worked as an instigator.
The postmortem of the dead body of the deceased was companyducted on 12.04.2001 itself.
P 25 to Ex.
Additionally, Nooran who did number prefer an appeal was held to be entitled to the benefit of doubt and her companyviction was set aside.
On 11.04.2001 in the morning the in laws of the daughter of the applicant sent an information about missing of Julekhan while prior to this, the message had been given about the death of the mother in law of Julekhan and later, when he left from there, he was told that his daughter was missing, her mother in law has number died and the Chunni of his daughter was found near the Dirge of the village Bolivia.
P 32 had been obtained.
During the investigation proceedings itself vaginal swab, slides, Salwar, Chunni and Chappals were sent to Forensic Science Laboratory, Jaipur for test from where the report Ext.
D 2 recorded on 12.4.2001, Investigating officer recorded the statements of other witnesses also.
The shirt Jamfar and bra of the deceased were seized vide Memo.
During the investigation the Memo of the Inquest Report of the dead body Ext.
P 13 was obtained.
As numbered above the present appellants had filed appeals before the High Court.
P Accused persons were arrested and except accused Nooran, the medical examination of all the three accused persons was done to find out whether they are companypetent to perform sexual intercourse or number.
P 11 was prepared and the photographs of the dead body had been taken vide Ex.
During the investigation, from the statements of the witnesses and other evidences of the incident circumstances surfaced that in the intervening night of dated 10/11.04.2001 accused persons Hanif Khan, Ashaq Ali alias Ashaq and Attu Khan K companysumed liquor while at the house of Hanif Khan in excess quantity and after companysuming liquor they took deceased Julekhan to the room and all the three companymitted rape on her turn by turn and when they found that Julekhan had lost her companysciousness and death was imminent then all the four accused persons threw her into a pit to show that Julekhan has companymitted suicide.
It is about three years when her marriage had been solemnized.
During the postmortem of the dead body of deceased Julekhan vaginal swab had been taken and slide had been prepared and her trouser Salwar had also been sealed.
P 3 of the Diggi where the dead body of Julekhan was found was prepared.
Prosecution version in a nutshell is as follows On 11.04.2001 at 8.30 p.m. companyplainant Billu Khan son of Sayyed Khan, resident of Badopal, Tehsil Pilibanga submitted a typed report Ext.
On having recovered one pair of nylon chappals and one Chunni near the Diggi, those were seized vide Memo.
P 10 and memo of the circumstances on the spot was prepared and the Map of the Spot Ext.
But he also mentioned that once or twice she had companyplained about harassing in the hands of her elder brother in law Jeth Hanif Khan, sister in law Nooran and her relatives Ashaq All alias Ashaq and Attu Khan.
Both the appeals were allowed.
It is to be numbered that one M. Nooran also faced trial alongwith respondents.
The dead body of his daughter was found in the Dirge on 11.4.2001 between 6 6.30 p.m., which was taken out.
P30 through the photographer PW12 Happy.
Julekhan is the wife of DW3 Bablu Khan, the real younger brother accused Hanif Khan who had been sleeping there in the house in the night of the incident being in her matrimonial home.
Report Ext.
P4, Panchayatnama Ext.
P 15 and the same was sealed with specimen seal.
90/2001 Exbt.
On the above said report Ext.
P 1 before the Station House Officer, Police Station Sri Vijaynagar about the incident of this case to this effect that the marriage of the daughter of applicant Julekhan hereinafter referred to as deceased had been solemnized with Bablu Khan son of Garu Khan.
P 2 and the investigation was companyducted by the then Circle Officer, Rai Singh Nagar Shri Yogesh Goel, PW 13.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in these appeals is to the judgment of a Division bench of the Rajasthan High Court at Jodhpur allowing the appeal filed by the respondents.
Two appeals were filed by the accused persons.
In support of the appeal learned companynsel for the appellant submitted that the High Courts reasoning is palpably wrong and the High Court companyld number have discarded the evidence of the eye witness PW2 even without discussion of her evidence.
