HASTIMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant is convicted for the offence of S.302 and sentenced to life imprisonment with fine Rs.500/-, hence is this appeal.

(2.) Alleged incident and sequence of events, according to prosecution, is that on July 9, 2002, about 7-8 O'clock morning, deceased Smt. Bhagu w/o. appellant, making phone call from Sumerpur to Chamunderi told her first cousin brother Dhan Raj PW 2 to hurriedly take her from there, so PW 2, with his father PW 6, uncle PW 5 and PW 6, in a jeep, went and arrived at about 9.30 a.m. to house of Bhagu at Sumerpur there, at house not was she and her in-laws did not telling any about her, but some persons, standing out of house, informed that she is taken to Mahveer hospital, so they went to hospital, than came to know about death of Bhagu.

(3.) Dhan Raj PW 2 submitted written report Ex.P7 scribed by PW 13 on same day at fourteen hours at police station, stating that her cousin sister Smt. Bhagu d/o. Shri Chaupa Ram Ji, was married per Hindu rites about two and half years to Hastimal s/o. Shri Pratap Ji, r/o. Sumerpur, till some time after marriage well kept by in-laws, but after about a year, husband used to harass and beat her which was narrated by Bhagu as and when she came to parental house, but after consolation was made back to in-laws' for this harassment and beating etc., husband and in- laws were also requested, but cruelty and beating continued. In this report, PW 2 also informed that yesterday when his cousin Umed Ram PW 4, who works as carpenter in Sumerpur, when passing from near house of Bhagu, was called and told by her that husband beating her intends to finish (kill) her and so PW 4 to inform (at village) brother but as PW 4 did not came to the village, so he could not inform. On that day, in morning, sister Bhagu phoned him (PW 2) to come and take her, otherwise husband shall finish her life, so PW 2 and others came there and as above came to know of taking Bhagu to hospital and at hospital, came to know that giving a severe injury at head, Bhagu is killed. Also mentioned that father of Bhagu is at Bombay is informed by phone. SHO PW 19, registering first information report No.236/02 Ex.P8 for the offence of Sections 498A and 304B IPC and beginning investigation (i) examining dead body of Smt. Bhagu at hospital, prepared memos of state of body and apparent cause of death Exs. P3 and P4, (ii) examining place of occurrence, the residential house of appellant and deceased, prepared memo and site plan Ex.P2. Autopsy performed by doctors PWs 18 and 19 at 1430 hours-report is Ex.P8. Soon after autopsy, worn and blood stained clothes blouse and odhna of deceased sealed vide memo Ex.P6 and packet marked as A. According to Investigating Officer and as mentioned in memo Ex.P2, on floor of room, were signs of spread but cleaned blood which not capable of taking sample. The place of occurrence and also dead body photographed by PW 11 - negatives and positives being Exs.P11 to 15. Appellant was arrested on same day at 6.30 p.m. and per his disclosure, recorded by PW 19 as Ex.P19 and at instance of appellant, recovered from Tand in room (inserted stone slab at height) and lying behind articles (household), a wooden moosal (article made of wood - at middle narrow for holding by hand - used for grain fine chaffing or like) of 2' length with more width on ends, having blood stains which seized and sealed, preparing memo Ex P9 and site plan Ex.P19 packet marked as B keeping packets of article safe, the same were delivered at FSL. Recording statements of witnesses etc. and after completion of investigation by PW 19 and Dy.S.P. PW 26, charge-sheet submitted.