AJAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Ajai Singh has been convicted of offence under S. 302, I.P.C. on the charge of the murder of his wife Mst. Sanjivni, by the judgment of the Additional Sessions Judge No. 2, Jodhpur dated 11-3-1999 and sentenced to undergo imprisonment for life and to pay a fine of Rs.500.00; in default of payment to further undergo six months simple imprisonment.

(2.) The prosecution case as disclosed during the trial is that appellant-Ajai Singh was married to deceased Mst. Sanjivni on 24-6-1993. The couple lived at Jodhpur. It is alleged that the appellant used to harass his wife Smt. Sanjivni. She was being subjected to assault many times. It is also alleged that he used to beat her particularly after receiving call from a lady named Nirmla alias Nimmi. On 13-3-1995 he assaulted and pressed her neck. This incident was reported by deceased-Mst. Sanjivni to her parents at Ratlam on telephone. She was taken to Ratlam by her parents. She stayed there for 7 to 8 month. On the occasion of betrothal ceremony of Mst. Sanjivni's brother Shivendra, she came to Jodhpur on 12-5-1996. She was accompanied by one maid servant namely Manju. She also stayed at Jodhpur for 8 to 10 days. On return to Ratlam she also reported about the ill-treatment of the appellant with Mst. Sanjivni. On 5-9-1996 Mst. Sanjivni was dropped at Ratlam by the appellant. On 1-11-1996 appellant Ajai Singh again visited Ratlam and forcefully brought Mst. Sanjivni to Jodhpur. On 4-11-1996 appellant had a talk on telephone with parents of Mst. Sanjivni at Ratlam. He told to Sangivni's mother, P.W. 6 Smt. Jugnu, that everything will be settled by tomorrow. On 5-11-1996 a telephonic message was received from P.W. 4 Ashwini Kumar that appellant has killed Mst. Sanjivni.

(3.) On 5-11-1996, the appellant Ajai Singh presented himself at Police Station Shastri Nagar, Jodhpur at about 7.00 p.m. and lodged a self-incriminating oral First Information Report. It will be convenient to read the oral F.I.R. reduced to in writing by P.W. 17 Bhim Singh, In-charge Police Station, Shastri Nagar, Jodhpur. The English version of the F.I.R. Exhibit P-27 is as follows :-