MITHA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 15th December,1998 passed by learned Sessions Judge, Pali in Sessions Case No. 17/96 whereby accused appellant has been convicted for offence under section 302, Penal Code and sentenced to life imprisonment along with fine of Rs. 500.00 in default to payment to further undergo one years imprisonment.

(2.) The prosecution version as unfolded from the evidence on the file is that Mitha Lal, accused appellant, married Smt. Sunder about 20 years prior to occurrence. About 8 months prior to occurrence. Mitha Lal was in employment at Ahmedabad and his wife Sunder along with 13 years old daughter Kanchan remained at their parental house in village Hamirwas. About 20-25 days prior to occurrence, Mitha Lal came from Ahmedabad and took his wife to his village Mokhamsingh-ka-guda where he came to know that Mst Sunder was having five months pregnancy but without disclosing any anguish to Sunder, at 10AM on 02.3.1996, he came to Hamirwas along with Sunder. At that time, his father-in-law Moola Ram was not at the house and daughter Kanchan has gone for grazing goats in the fields. Both of them called on PW4 Ghisa Ram, who was old and ailing and was also elder brother of Moola Ram, Thereafter,both of them want to house of Moola Ram and prepared the meal. In the meantime, Moola Ram, who want to take ration sugar, also arrived at the house. After taking the meal, suddenly accused appellant wielded an axe lying nearby and inflicted 3 blows repeatedly on head and vital parts of Sunder, killing her instantaneously. Moola Ram raised alarm, attracting PW4 Ghisa Ram and neighbours. In the meanwhile, accused appellant threw the axe at the cite and made good his escape.

(3.) PW6 Jalam Singh informed SHO, Siriyari at 3:30 PM orally about at the occurrence which was entered in the daily diary, copy of which is Ex.P. 23, above information was cryptic and therefore PW10 Shanti Lal, SHO, along with staff, immediately proceeded to the place of occurrence where Ex. P.24 'Parcha bayan of Moola Ram was recorded at 4:15 PM and same was sent to the Police Station through Uttam Singh, Constable, to register FIR Ex. P. 25 Exhibit P5 site map, Exs. P 6 and P7-Panchnama of the dead body were prepared at the site, the blood lying on the site was seized and sealed vide Ex. P 8 The blood-stained clothes of deceased Sunder were also seized and sealed vide Ex. P. 28.