KANOORI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above appeal has been filed against the Judgment of a Division Bench of the High Court of Rajasthan, Jodhpur Bench dated 20-1-1998 in D. B. Criminal Appeal No. 409 of 1981 whereunder the verdict of acquittal recorded by the learned Sessions Judge, Jodhpur in Sessions case No. 115 of 1980 in favour of the appellant-the wife of the deceased gumana Ram Jaat came to be reversed on an appeal filed by the State and the appellant came to be convicted under Section 302 of the Indian Penal code and sentenced to undergo rigorous imprisonment for life.

(2.) The case of the prosecution was that the appellant got married to the deceased five years before the date of occurrence in question, that the 'gauna' had taken place one and half years before the date of occurrence, that she was not happy with her husband, he having not been in a position to make her lead a luxurious life, the husband was a rustic villager, that on the night intervening 2nd/3rd June, 1980 when her husband was sleeping in 'awade' in order to keep a watch on the cattle, she went stealthily and killed her husband by a sharp edged weapon known as 'jharbar', that the mother-in- law of the appellant was awake and had noticed the going of the appellant to the 'awade' and returning therefrom and that even when she returned and gave the mother-in-law water to drink at her asking without giving room for any suspicion and thereafter everybody slept as though nothing happened, ultimately to find on the next morning the victim in a pool of blood in the 'awade'. Thereafter on cries raised the other family members and neighbours gathered on the spot and noticed the gruesome murder. The prosecution further alleged that the appellant herself confessed of having killed her husband. On information being lodged by P. W. 3 Amana Ram, the uncle of the deceased at 4.30 p. m. on 3-6-1980 the case was said to have been registered under Section 302, IPC and in the course of investigation witnesses were said to have been examined and on all the relevant materials gathered besides getting the post-mortem of the body also conducted. The appellant has been charged as noticed supra for the offence under Section 302, IPC for having murdered her husband.

(3.) On being committed to the Sessions Court and after conduct of trial the learned Sessions Judge considered the materials on record with particular reference to the circumstances allegedly pointing towards the guilt of the appellant and recorded a finding that the prosecution was not able to substantiate involvement of the appellant in the occurrence or prove that she was the culprit who committed the murder. Aggrieved, the State pursued the matter before the High Court and as pointed out earlier, the High Court felt convinced of the prosecution case and convicted the appellant for the murder of her husband, resulting in the above appeal.