GOPAL LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21.6.1996 passed by the Additional District and Sessions Judge No. 2, Chittorgarh convicting the appellant for offence under Section 302, I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/ - and in default of payment to further undergo six months' rigorous imprisonment.

(2.) BRIEFLY stated the facts are as follows.

(3.) IT is the case of prosecution that on 5th of July, 1994 P.W. 22 Shankar Lal, SHO, Police Station Kapasan on receiving a wireless message from the Superintendent of Police, Chittorgarh reached at the house of appellant at village Singhpur at 5.00 a.m. The appellant was found alone in the house. He narrated the incident of robbery in the house in night by some miscreants. The appellant submitted written First Information Report Exhibit P -l at about' 7.00 a.m. stating inter alia that before going to the bed in night, he closed the door of the house and put lock thereon. In the night at about 12.00 three miscreants entered in his house. One of the miscreants stood beside him, another stood beside his wife and third was standing near the bicycle. One of the miscreants attacked on him by 'Lathi' and made him unconscious. He was also wounded by knife. He gained conscious after about half an hour. On opening the eyes he looked at his wife. He opened the gate and went to the house of P.W. 2 Gyasuddin. He was awakened by him. He narrated the entire incident to him 'xxx xxx xxx'. Thereafter, P.W. 2 Gyasuddin visited the house of appellant. His wife lying unconscious. P.W. 2 Gyasuddin returned and informed her parents, uncle Rameshwar, Kailash etc. He also disclosed to the police that he married to Mst. Manju about 12 years back. His wife Manju was staying with her parents for about two years. He brought her in the month of January but she returned to her parents house in June, 1994. Even prior to that she used to stay with her parents. There was a child of seven months in her womb. He also stated that his wife was assaulted by the miscreants but he did not raise hue and cry. He simply opened the lock of the house and went to the house of P.W. 2 Gyasuddin. He also stated that miscreants did not took away any article from his house. He also stated that the ornaments which his wife was wearing remained on her body. On this information police registered a case for offence under Section 302, I.P.C. On the same day, P.W. 23 Madanlal, the father of victim Mst. Manju submitted a written report Exhibit P19. He stated that his daughter Mst. Manju was married to the appellant Gopal Lal about 12 years back. At the time of marriage he had given a good dowry to the appellant. When his daughter grown up, he sent her to in -laws house about 4 years back. However, she is being harassed by the appellant Gopal Lal, his mother, father and brother. Because of their ill -treatment Mst. Manju stayed at his house for more than three years. A Panchayat was also convened presided by former Sarpanch Dayaram. An assurance was given by the appellant and his parents before the Panchayat that Mst. Manju will not be ill -treated. Still he tried to meet the demand as per his capacity. He himself went to the house of appellant and dropped his daughter Mst. Manju. She stayed there for three to four months and returned to the Village Singhpur and complained about the ill -treatment by appellant and his parents. The appellant was arrested on the same day about 5.00 p.m. vide Exhibit P15. After usual investigation, police laid charge -sheet against the appellant, his brother Dinesh, mother Kamla, father Sohanlal for offence under Section 302/34.