PUNNATH ALIAS PURANNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present appeal has been filed by the appellant against his conviction and sentence recorded by the learned Sessions Judge, Jaisalmer Under Sections 302, 304 read with Section 397 IPC. He has been awarded sentence as under:

(2.) THE investigation started on the first information report lodged by Lakh Singh on 16.4.1996. According to the FIR his wife Mst. Magh Kanwar left home at 8:00 a.m. on 15.4.1996. She went to collect the fire wood from the fields. She did not return by late night. At about 10:00 p.m. on 15.4.1996 Sanwal Singh and another Lakh Singh came to his field and informed him that his wife could not be traced. The next early morning, complainant went in search of his wife. He found Chatur Singh, Babu Singh and Anop Singh on his way, who were also searching his wife. They all went to the field of Chandan Singh where they found 'Indani' and gunny bag near the cow dung cakes. Then they followed the foot prints and reached the place where the body of wife of Lakh Singh was lying covered under the cow dung cakes etc. When they uncovered the body, they found that there was an injury on the back of the head of deceased and her ankle was also amputated and ornaments viz 'Boria', 'ear ring', 'Kada', 'Madaliya' etc. which she was wearing were missing. No one was named in the F.I.R. The case was registered on the basis of this first information report and during the course of investigation the accused was arrested and at the time of his arrest a slip regarding sale of ornaments to gold smith Khushal Chand was recovered from his person.

(3.) WE have heard the learned Counsel for the appellant and have also perused the record.