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Bhanwaru Khan vs Mubarik And Anr on 30 January, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Criminal Appeal No. 725/2011

Arif

—-Appellant
Versus
State of Rajasthan

—-Respondent
Connected With
(2) S.B. Criminal Appeal No. 724/2011
Bhanwaru Khan

—-Appellant
Versus
Mubarik And Anr.

—-Respondents

For Appellant(s) : Mr. Pradeep Choudhary in Appeal No.724/2011
None in Appeal No.725/2011
For Respondent(s) : Mr. O.P. Rathi, PP

HON’BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG

Judgment

30/01/2019

1. None appears for the appellant Arif who, vide judgment

dated 21.07.2011 has been convicted for the offences punishable

under Section 498A and 304B IPC. For the former he has been

directed to undergo rigorous imprisonment for one year and for

the latter to undergo rigorous imprisonment for 10 years.

2. As per report received from the jail Arif has undergone the

sentence and released from the Central Jail, Bikaner on

09.10.2015.

3. Thus, S.B. Criminal Appeal No.725/2011 filed by Arif is

disposed of as infructuous.

4. Bhanwaru Khan has filed the appeal challenging the same

decision which has been challenged by Arif and his grievance

relates to Mubarik, younger brother of Arif being acquitted.

(2 of 2) [CRLA-725/2011]

5. The charge-sheet filed shows that apart from Arif, husband

of the deceased and his younger brother Mubarik, no other family

member was named as an accused.

6. The father and relatives of the victim appeared as PW-1, PW-

2, PW-3 and PW-4.

7. After the evidence was led but before the judgment could be

pronounced Bhanwaru Khan filed an application under Section 319

Cr.P.C. pleading that in view of the testimony of PW-1, PW-2, PW-3

and PW-4 even the parents of Arif i.e. his father and mother

should face trial.

8. The said application was dismissed holding that the

testimony of the four witnesses does not implicate in any manner

the in-laws of the deceased.

9. Learned counsel for Bhanwaru Khan has taken me through

the testimony of PW-1, PW-2, PW-3 and PW-4 and using language

in the plural they have tried to rope in Mubarik as well as his

parents i.e. in-laws of the deceased.

10. The impugned judgment disbelieves the witnesses qua

Mubarik being implicated. This is the reasoning to dismiss

Bhanwaru Khan’s application under Section 319 Cr.P.C.

11. Learned counsel for Bhanwaru Khan is unable to draw any

distinction between the alleged role stated by the four prosecution

witnesses qua Mubarik and his parents.

12. Under the circumstances the appeal filed by Bhanwaru Khan

i.e. S.B. Criminal Appeal No.724/2011 is dismissed.

(PRADEEP NANDRAJOG),CJ
45-Mohit Tak/-

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