STATE Vs. RAM PALAT

JUDGEMENT

(1.) The State appeals by leave, against the judgment and order of the learned Addl. Sessions Judge dated 05.11.2009, whereby the respondent (hereinafter referred to variously as the accused or Ram Palat), was acquitted of the charges of having committed the offence punishable under Section302 IPC.

(2.) The prosecution's allegations briefly were that Ram Palat was a driver of the phat-phat sewa and was earning a meager livelihood from that. His wife Urmila (deceased) used to urge him to take proper employment so that they could better their lives; Ram Palat, however, was allegedly unwilling to do so. This was the cause of frequent marital discord and quarrels between the couple. The prosecution further alleged that on 15.09.2008 at around 2:00 PM Urmila asked Ram Palat whether she could take up an employment; he allegedly lost control, lifted a club and started assaulting her on her head. She sustained serious injuries and started bleeding. Her daughter (PW-9) raised an alarm and informed Urmila's brother Sanjay Kumar (PW-2) on the telephone about the incident. The latter informed the PCR van which resulted in Urmila being taken to GTB hospital. The prosecution further alleged that Urmila had told Sanjay (PW-2), in the course of their journey to the hospital, about the incident and clearly implicated Ram Palat. This, according to the prosecution was also recorded in the MLC (Ex.PW-19/A) which mentioned "alleged history of assault by husband". The MLC was prepared at 3:20 PM on the day of incident i.e. 15.09.2008. Urmila apparently did not regain consciousness and subsequently died at 6:00 pm on the same day.

(3.) The police, on the basis of information and statements recorded registered an FIR, conducted investigation and arrested the accused Ram Palat. He was charged for having committed the offence of murder.He entered the plea of not guilty and claimed trial. During the course of proceedings before the Trial Court, the prosecution relied upon the testimonies of 20 witnesses besides other documentary evidence including the MLC, post mortem report, disclosure statements and recovery memos etc. After considering all these, the Trial Court held that the prosecution was unable to bring home Ram Palat's guilt and accordingly acquitted him.