STATE OF RAJASTHAN Vs. JORA RAM

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order dated 9. 9. 87 passed by the Learned Additional Sessions Judge, Bikaner in Sessions Case No. 39/85 by which he acquitted the accused respondents for offence under Sec. 306 I. P. C.

(2.) THIS appeal arises in the following circumstances: i) On 2. 8. 83 P. W. 3 Rameshwar lodged a written report Ex. P/5 before DIG, Bikaner stating that her sister Pana wife of accused appellant Jora Ram (hereinafter referred to the deceased) was married with the accused appellant Jora Ram near about 5 to 6 years back and since she did not deliver any child during wedlock of that marriage and she was not beautiful, therefore, the accused respondents used to torture her and beat her. It was further stated that he went to her in-laws place Jadeli where such type of things were told to him by her sister (deceased) and she also told to him that they would kill her. Upon this he made them understand. Thereafter he took the deceased to his village Mundsar and kept there for 5 to 6 months. Thereafter father of the accused Jora Ram and his brother and some other persons came to his village Mundsar and requested that the deceased be sent with them and they would not beat her again. He agreed to send her back to her in-laws house and she was sent back accordingly. After passing of over one week, he was informed that the accused respondents had murdered the deceased by throwing her into a small well and this incident was reported to him within seven days of the happening of incident. ii) The report Ex. P/5 was sent to the Police Station, Nokha, District Bikaner for registering a case under Sec. 306 I. P. C. through letter Ex. P/14 and thereafter regular FIR was chalked out on 9. 8. 83 and same is Ex. P/8 and police started investigation.

(3.) DURING trial, as many as 8 witnesses have been produced on behalf of the prosecution and statements of accused respondents were recorded under Sec. 313 Cr. P. C. and no evidence was led in defence.