HARI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal jail appeal has been preferred by convict Hari Ram,at present lodged in Central Jail, Bikaner,against judgment and order of sentence dated 4.12.2002 passed by the Addl. Sessions Judge, Srikaranpur(Sriganganagar)in Sessions Case No. 14/2002, whereby, the accused-appellant has been convicted for offence under Section 302, IPC for murdering his own wife and sentenced to undergo life imprisonment and pay fine of Rs.500/-, in default of payment of fine, to further undergo three months' rigorous imprisonment. While challenging the aforesaid judgment dated 4.12.2002,it is prayed by the appellant that his conviction for offence under Section 302, IPC may be set aside.

(2.) According to brief facts of the case, daughters of Mukhram,PW.9,Smt. Seema(deceased) and Geeta,were married to two real brothers namely,Hari Ram (present appellant) and Nathu Ram, both sons of Imilal,residents of village Jivandesar(District Hanumangarh).Mere specifically, accused- appellant Hari Ram got married to deceased Seema Devi(deceased)19 years back and, as per FIR Ex.P/13,lodged by PW.9Mukh Ram at Police Station Ghoomadwali(District Sriganganagar) on 7.5.2002, it was stated by complainant Mukh Ram,PW.9 that his two daughters Geeta and Seema (deceased) were married to two real brothers Hari Ram (accused-appellant) and Nathu Ram 19 years back and after marriage husband of his younger daughter Seema started quarrels with her and regularly used to beat his daughter after consuming liquor. The complainant further stated that on 7.5.2002 when he was in the forest area of the village for grazing his animals, he was informed at about 3.30 P.M. by Krishan Lal,PW.6,Sarpanch of Gram Panchayat Jivandesar that Hari Ram, husband of Seema assaulted her with axe and caused injuries upon her neck and temple and due to those injuries Seema had died. Upon this information he went to the in-laws house of his daughter at village Jivandesar alongwith one Jagannath where he saw that body of his daughter was lying on a cot inside one room and blood was also appearing on the cot. He found that there were injuries caused with sharp- edged weapon upon the neck and said of the head (temple) of his daughter and she had died.

(3.) Upon the aforesaid information, FIR was registered against the accused-appellant; and, thereafter usual investigation was conducted and after recording statements under Section 161,Cr.P.C. of the witnesses and receiving the post mortem report from the hospital, so also, completing other investigation,challan was filed before the Court of Judl. Magistrate (First Class), Padampur,from where, the case was committed to the Court of Addl. Sessions Judge,Srikaranpur where the trial took place.