Still daughters were treated with cruelty, inasmuch as, they were number even given food.
The accused Ajeem Khan father in law of deceased Jumila stated that his son Liyakat used to live in Dubai.
Thereupon, he along with his brother Sattar Khan went to Jhariya, by which time it was already night and it started raining as well.
After marriage, his daughters 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 companye, the informant was giving necessary articles of dowry.
As numbericed above, accused Ajeem Khan died during the pendency of the appeal before the High Court.
It is also alleged in his report that some two months ago, Liyakat, husband of deceased daughter Jumila returned back from abroad Dubai and raised a demand of she buffalo, which was companyveyed by Jumila to the effect that if she buffalo is number given, she would be killed.
Thereafter, accused Liyakat companyld be arrested from Delhi Airport and fresh trial was companyducted by re examining the witnesses, whose statements had already been recorded.
have been exhibited as evidence.
During trial, statements of some five witnesses were recorded upto 9.5.2000.
They never demanded dowry from the Jumila and her father.
P.C. were recorded, wherein the accused persons have refuted the prosecution evidence.
The statement of accused persons under Section 313 of the Code of Criminal Procedure in short, Cr.
On 24.7.1999, after gaining companysciousness, Bulkesh disclosed that the three accused persons have murdered Jumila by throttling, which she had seen and companysequently become unconscious.
The trial companyrt framed charges for the offences under Sections 302 or in the alternative 302/34 read with Section 201 and 498A of the Indian Penal Code and the trial was companymenced.
After the investigation, chargesheet was filed against accused persons in the companypetent Court.
However, the informant companyld manage a company and sent his daughter with a company to her in laws house.
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.
At the instructions of some people, this false case has been lodged.
It was further alleged that some three years ago, when Liyakat had gone abroad, a demand of Rs.40,000/ was made and the informant arranged to give the money after mortgaging his household articles.
This fresh trial companymenced on 9.10.2000, wherein the prosecution examined 13 witnesses to prove the charges and several documents including written report, site map, memo of dead body, Panchayatnama, statement of Inayat Khan, seizure memo, postmortem report etc.
Postmortem of the dead body was got companyducted, site map and Halat Mauka was prepared, statements of witnesses were recorded, documents were seized, accused persons were arrested.
The dead body of Jumila was already buried and the body was number shown to him.
So she companymitted suicide by hanging herself with the hook of fan with the help of her Chunni.
Hence, the present appeal by special leave by two accused persons.
She also disclosed that the accused planned to kill her also but she does number know as to how she was number killed and that three persons gave beating and killed Jumila on account of her having taken company instead of buffalo.
The other accused also averred the same thing.
Mr. Khan alleged in his report that on 23.7.1999, he received information that Jumila has died.
Liyakats wife used to tell him to take her to Dubai, but due to unavailability of accommodation there, he showed his inability to take her with him.
He sent information to her paternal house and her father and fathers elder brother came to village Jhariya along with mother and Bhabhi of the deceased, and Jumila was buried in their presence.
The facts of the case in brief are that on 25.07.1999 at 2.00 P.M., one Mustaq Khan resident of Rajpura submitted a written typed report at Police Station Dudwakhara alleging inter alia that his two daughters Jumila and Bulkesh were married to two brothers Liyakat and Jakir of village Jhariya on 11.6.1993.
Y. EQBAL, J. This appeal by special leave is directed against the judgment and order dated 4th February, 2009 passed by the High Court of Rajasthan at Jodhpur in D.B. Criminal Appeal No.304 of 2003 whereby the High Court partly allowed the appeal of the appellants and remanded the matter to the Trial Court for further trial.
It is alleged that his other daughter Bulkesh was unconscious at that time, and therefore, they brought her with them.
