BALDEO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed by accused appellant Baldeo Singh against the judgment of conviction and order of sentence dated 8-5-2003 passed by Additional Sessions Judge (Fast Track), Hanumangarh in Sessions Case No. 117/2002, by which accused -appellant has been convicted for the offence under Sections 302, 449 IPC and sentenced to undergo imprisonment for life with fine of Rs. 1000/- in respect of each offence, in default of payment of fine to further undergo rigorous imprisonment for one month.

(2.) According to the facts of the case, upon statement of deceased Smt. Rani dated 1st July, 2002, an FIR was registered at Police Station, Hanumangarh Junction. In the statement so made at about 10.30 p.m. in the hospital, it was stated by Smt. Rani, wife of accused appellant Baldeo Singh that after marriage her husband Baldeo Singh used to beat her after taking liquor, therefore, before 15 days of the incident, when she was beaten by Baldeo Singh, she came back to her parents house and was living there. As per her statement, on that date i.e. 1-7-2002, her husband Baldeo Singh came in the morning at about 2 O'clock and asked her to accompany with him and reside in his house at Ganganagar but she refused because earlier she was beaten severly by him. Upon her refusal, he went from her parental house at that time but in the night at about 8 p.m. again came back in drunken condition and after entering the house gave two knife blows in her stomach and third blow on her forearm, due to which blood came out and she cried for help. On hearing her cry, her brother Nikka Singh and mother Mahendra Kaur came to her rescue at the spot and, thereafter, Baldeo Singh left house and she was brought to the hospital for treatment.

(3.) On the basis of aforesaid statement, FIR No. 379/2002 for offences under Sections 452, 323 IPC was registered and investigating Officer of Police Station Hanumangarh Junction commenced investigation.