RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) We have heard Mr. V. J. Francis, learned counsel for the appellant at length. The appellant stands convicted under Section 302 of the indian Penal Code for murdering his wife at 2. 00 p. m. on 17.8.1994. The Sessions Courts and the High Court placed reliance on the testimony of PW 12-Sona (daughter of the appellant) and PW 17-Girdhari Lal. We have perused their evidence to examine whether any serious error had been committed by the Sessions court or the High Court in believing them and acting on their testimony. We. did not find anything.

(2.) Learned counsel made an alternative contention that the offence can be brought down within the purview of Exception IV to section 300 of the IPC. We did not find any scope in doing so.

(3.) Learned counsel made a last attempt to bring it within the purview of Exception 1 of section 300 of IPC with the help of one answer given by PW 12. We thought that learned counsel was nearing to that Exception. But when we checked up the defence adopted by the appellant in the trial Court we found that he had not taken up that defence at all. On the contrary he said that he was not even present at the scene of occurrence when the incident happened. Therefore, the said defence also eludes the appellant.