DHARMENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide this order, above mentioned two appeals would be disposed of as they have arisen out of common judgment/order dated 18.05.2017 passed by the trial court.

(2.) Appellants had faced trial under Section 302 read with Section 120-B and Section 201 of Indian Penal Code, 1860 (hereinafter referred to as ' IPC ') in FIR No. 6 dated 04.01.2002 registered at Police Station Shahpura, District Jaipur Rural.

(3.) Appellant Dharmendra Kumar has appeared in person and has submitted that he had been falsely involved in this case by co-convict Prerana. He was innocent. He had no reason or motive to commit the murder of his first wife Archana and daughter Aroma. He was living happily with his first wife and daughter and had no reason to commit their murder. He has drawn our attention to the Post Mortem Report of deceased Archana and has highlighted that the left finger nails and toe nails were painted and pubic hair had been recently shaved. This showed that deceased (wife Archana) was living happily with him. Hence, he had no reason to commit her murder. The entire story of commission of offence by him had been concocted by Prerana, whose relatives were journalists. Prerana using the influence of her relatives and by bribing the police as well as advocates had falsely involved him in this case. A Perusal of the Post Mortem Report of Archana revealed that undigested non-vegetarian food had been found in her stomach. He was a pure vegetarian, whereas, Prerana was a non-vegetarian. Hence, Prerana with a view to please Archana might have served her non-vegetarian food and had thereafter, committed her murder as she was jealous of Archana. So far as Aroma is concerned, she had not taken non- vegetarian food as his daughter might have been scared that she would get scolding from him as he was a pure vegetarian. In the present case, investigation had been conducted in such a designed manner with a view to falsely implicate him in this case. In support of his arguments, appellant Dharmendra Kumar has placed reliance on the judgment of Gauhati High Court in Rakesh Kr. Singh Vs. State of Assam, 2003 CriLJ 3206, wherein it was held as under: