MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant D.B. Criminal (Jail) Appeal, the appellant-accused has assailed the judgment and order dated 19-7-2003 passed by the Additional Sessions Judge (Fast Track), Jalore (for short, the trial Court hereinafter) in Sessions Case No.95/2003 (4/2003), whereby the appellant has been convicted for the offences under Sections 302, 364 and 201 IPC and sentenced to imprisonment for life and a fine of Rs.2000/-, in default of payment of fine to further undergo one year's simple imprisonment for the offence under Section 302 IPC; seven years rigorous imprisonment and a fine of Rs.1500/-, in default of payment of fine to further undergo six months simple imprisonment for the offence under Section 364 IPC; and three years rigorous imprisonment and a fine of Rs.1000/-, in default of payment of fine to further undergo four months simple imprisonment for the offence under Section 201 IPC.

(2.) The factual matrix of the case, in a nut shell, is that on 28.12.2002, complainant Seeta lodged a written report (EX.D/2) with Police Station, Jalore stating therein that 20 to 25 days before lodging of the FIR, her mother Smt. Phooli R/o village Dhawla was taken by appellant-accused Mangi Lal on the pretext that he would drop her to Jalore and on the same day, appellant Mangi Lal returned to village Dhawla and on being asked by the complainant, he told that her mother has been boarded to the bus going to village Chandana. After two to three days, her father Rawata came on 17.12.2002 to his in-laws house at village Samuja and asked about her mother then she told that she had gone to village Chandana eight days before, upon which her father told that her mother did not reach Chandana. On being asked to her sister, she told that she had not seen Smt. Phooli. Thereafter, on 19-12-2002, a report was lodged before the Superintendent of Police, Jalor, on which no action was taken. A day before the incident, appellant had manhandled the deceased, to which she raised objection, upon which the appellant also manhandled her which resulted in an injury on her lips but since appellant is the husband of the complainant, she did not lodge any report to that incident. On lodging the report, the police registered FIR No. 3/2003 under Sections 365, 498-A, IPC and after investigation, filed Challan before the Additional Chief Judicial Magistrate, Jalore, from where the case was committed to the court of the learned Sessions Judge, Jalore and ultimately the case was transferred to the learned trial Court. The trial court framed charges under sections 364, 302, 201 and 379, in the alternative under Section 411 IPC, whereupon the appellant-accused did not plead guilty and claimed to be tried.

(3.) In support of its case, the prosecution examined twenty witnesses and produced the documents EX.P/1 to EX.P/41. The statement of appellant-accused under Section 313 Cr.P.C. was recorded. Despite opportunity being granted, no witness in defence was produced; however the statement of Seeta recording during investigtion (EX.D/1), the report (EX.D/2), the statement of Goma Ram recorded during investigation (EX.D/3) and the statement of Saka Ram recorded during investigation under Section 161 Cr.P.C.(EX.D/4) were got exhibited in defence.