CHHAGAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment impugned dated 11.2.2004 learned Additional Sessions Judge (Fast Track) No.2, Pratapgarh convicted the accused appellant for an offence punishable under Section 302 Indian Penal Code and sentenced to undergo imprisonment for life term with a fine of Rs.1000/- and further to undergo six months simple imprisonment in event of default in payment of fine.

(2.) The prosecution case, as unfolded in the judgment impugned, is that on 14.1.2003 one Tulsiram son of Khumanji reported at Police Station Dungla that about 19 years earlier marriage of his sister Smt. Nathi was solemnized with Chhagan Lal son of Fatehlal resident of Dungla. Smt. Nathi was regularly ill- treated by Chhagan Lal, thus, she remained at her maternal house for about six months and being consoled and advised by certain responsible persons she returned to her husband. Smt. Nathi was brought to her brother's house at Kankarwa at about a month earlier due to the beating given by Chhagan Lal, then about 20 days earlier she returned to her husband Chhagan Lal on having an assurance that she will not be ill- treated henceforth. On 13.1.2003, Tulsiram reached at Dungla on receiving a telephonic information from Shri Dalu about murder of Smt. Nathi. Tulsiram by seeing dead body of his sister observed that her murder was committed by strangulation. On making necessary inquiry maternal uncle of Tulsi and some other people also stated that murder of Nathi was committed by Chhagan Lal.

(3.) On basis of the information aforesaid a case was lodged and after making regular investigation a charge sheet was filed before the competent court, charging accused Chhagan Lal with an offence punishable under Section 302 IPC. The case then was committed to the court of Sessions and on 4.2.2004 a charge for commission of an offence under Section 302 IPC was framed against the accused and on denial of the same he was tried.