PAKIYA Vs. STATE

JUDGEMENT

(1.) Accused appellant by this appeal seeks to challenge the conviction and sentence awarded by learned Additional Sessions Judge, Bail vide judgment dated 20.08.87 in Sessions Case No. 37/86 convicting the appellant for the offence of Sec. 302 Penal Code and sentencing him to imprisonment for life.

(2.) The necessary facts are that one Hajiya, brother of deceased Meera lodged an oral report at the Police station, Sumerpur on 07.01.85 at 11:45 AM, alleging inter alia that the deceased was married 20 years ago with one Lachha in village Bharunda. Lachha had died some 4-5 years ago and the deceased along with two children was living in the in-law's house separately, and her three brothers-in-law Meethiya, Pukhiya and Machiya were all living in one "Gawadi " separately. It was alleged that after remaining at Takhatgarh for 10-12 days, she had gone to Bharunda. He has then alleged that last evening before sunset, he alongwith brother Ratiya and Saviya, wives of three brothers, and their mother were at the house, at which time, a jeep came from Bharunda carrying Chhoga, Than Singh, Daya uncle-in-law, sister-in-law of deceased (Devrani) and children of deceased. At that time, deceased was having injuries on the head, forehead, feet and on different parts of the body and she was bleeding. On questioning, it was told that last night, her brother-in-law Pakiya has given beating and the victim told to carry her 'o parental home, therefore, they brought her, to get treated and that action should be initiated in the Police station, Sumerpur. It is alleged that at that time, the victim was shrieking with pain, and on our asking she gave out, that accused Pakiya has beaten her in the night. After sitting for a while, people coming from Bharunda went away. The victim was administered tea and was made to sleep. However, in the night, she became unconscious and in the early morning, she has collapsed. It was also given out that son of the deceased, being Kheta also told that accused Pakiya has killed her.

(3.) This was entered in the Roznamcha as Ex.P/18 and F.I.R. was registered as Ex.P/19. Postmortem of the deceased was conducted, report of which is Ex.P/21 and after completing investigation, challan was filed.