JODHPAL Vs. STATE

JUDGEMENT

(1.) This appeal arises from the conviction of the appellant Jodhpal on the charge u/s 304 (Part-I) IPC and 201 IPC in Sessions Case No. 120/1997 in FIR No. 496/96, in terms of the impugned judgment of learned ASJ dated 12th April, 1999. The appellant has been sentenced to imprisonment for life and to pay a fine of Rs.2000/- under Section 304 (Part-I) IPC and in default of payment of fine to undergo RI for one year. He was further sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.1000/-, in default of payment of fine, to undergo three months RI for offence u/s 201 IPC. Both the sentences were to run concurrently.

(2.) Succinctly stated, the case of the prosecution is as follows:-

(3.) On 24th October, 1996, at about 7:25 pm, one Ganga Ram, father of the deceased lodged a report with the police station Kalyan Puri which was recorded as DD No.13A. It was disclosed by Ganga Ram that his daughter Seema aged about 25 years was married to accused Jodhpal about 12 years ago according to Hindu Rites. After marriage, Jodhpal used to maltreat his daughter and used to quarrel with her after consuming alcohol. On that day, his wife had gone to see her daughter where his grandson Sonu, S/o Ashok met her and informed that Seema had been stabbed with knife by the accused. On coming to know about this fact, he came to see his daughter at Trilokpuri where he found her dead. On receipt of this DD, ASI Sobran Singh along with Constable Jitender Kumar reached at house No.3/150, Trilokpuri where he found the dead body of the deceased. The accused produced the death certificate of the deceased. Since the death had occurred in suspicious circumstances, he prepared inquest report and got the post-mortem of the dead body conducted. After post-mortem, the dead body was handed over to the father of the deceased. ASI Sobran Singh recorded statement of Sonu on which endorsement Ex. PW11/H was made and FIR Ex. PW6/A was registered against the accused. In his statement, Sonu had disclosed that he had been staying at the house of his Aunt (bua) Seema for the last one month in order to look after her child Kishan. 5-6 days back, her bua had returned home after finishing her duties. In the meantime, his fufa Jodhpal came and demanded money for consuming liquor. Seema declined but he forcibly snatched money from her. After some time, he came back and inflicted knife blow on the abdomen of his bua. He also gave beatings to him. Thereafter his fufa took his bua to the hospital for treatment. He got scared. His fufa did not inform his grandparents about the hospitalization of his bua where she expired. The dead body was brought by his fufa to the house and he was going to take her for cremation. In the meanwhile, his grandparents came and he informed them about inflicting of the knife injury on the abdomen of his bua by his fufa. Thereupon, his grandfather called the police who took the dead body with them. After post-mortem, dead body was handed over to them. His bua has been killed by his fufa Jodhpal by inflicting knife injury and he has concealed this fact from his family members. He prayed for action.