STATE OF RAJASTHAN Vs. KISTOORA RAM

JUDGEMENT

(1.) The present appeal challenges the judgment dtd. 15/9/2009 passed by the High Court of Judicature for Rajasthan at Jodhpur in D.B. Criminal Appeal No. 25 of 1986, thereby acquitting the respondent-accused herein and reversing the judgment dtd. 10/1/1986 passed by the learned District and Sessions Judge, Jodhpur (hereinafter referred to as the trial court) in Original Criminal Case No.114 of 1984, thereby convicting the respondent-accused herein under Sec. 302 of the Indian Penal Code, 1860 (for short IPC) and sentencing him to undergo life imprisonment. The respondent-accused was also convicted under Sec. 201 of the IPC and sentenced to undergo three years rigorous imprisonment.

(2.) The respondent-accused was charged for an offence punishable under Ss. 302 and 201 of the IPC. It is the prosecution case that the accused had killed his wife with a lathi, dragged her 100 feet away from the house and set her on fire in order to destroy the evidence.

(3.) The trial court, after appreciating the evidence, convicted the respondent-accused for the offence punishable under Sec. 302 of the IPC and sentenced him to suffer life imprisonment with a fine of Rs.100.00. The respondentaccused was also convicted for the offence punishable under Sec. 201 of the IPC and sentenced to undergo three years rigorous imprisonment with a fine of Rs.100.00.