BHAGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of sentence recorded in Sessions Case No.30/2002 (15/2002) by Additional District & Sessions Judge (Fast Track), Sirohi dated 16.11.2002 accused-appellant Bhaga Ram S/o Shri Kana @ Kaniya, r/o Kailash Nagar, Police Station Barloot, District Sirohi preferred this appeal.

(2.) The brief facts of the case as unfolded by the prosecution story is that Smt. Sita, the deceased was the wife of the appellant Bhaga Ram and the incident took place on 02.03.2002 at about 7 pm in the hut of Tammar Wala Khet situated at Kailash Nagar. However, as per prosecution story, it was alleged that the appellant came in the hut with an axe in his hand and inflicted number of blows on her neck. Hira, who was present at the place of incident, saw the occurrence along with Ramiya and his blind father was also there. Eye witness Hira, soon after the incident rushed from the place as the accused appellant also ran after him. On the way, Anda met Hira who also came on the spot and found the neck of the deceased cut and he went to the Police Chowki, Kailash Nagar and lodged the FIR (Ex.P/7) at about 09:30 p.m. on the same night. On the basis of Ex.P/7, case was registered in the Police Station Barloot. The investigating officer arrested the accused and on the basis of information recorded under Section 27 of the Indian Evidence Act, recovered an axe and Angocha (towel). After usual investigation, challan was filed against the accused for the commission of offence under Section 302 IPC in the court of Munsif and Judicial Magistrate, Sheoganj from where the case was committed to the court of Sessions Judge, Sirohi and ultimately transferred to the court of Addl. Sessions Judge (Fast Track), Sirohi for trial.

(3.) The accused was charged for commission of offence under Section 302 IPC. The accused did not plead guilty and claimed to be tried. The prosecution examined as many as 11 witnesses in support of prosecution story. The accused was examined under Section 313 Cr.P.C. and he examined one witness in his defence as DW-1.