KANHAIYA LAL Vs. STATE

JUDGEMENT

(1.) THE appellant, Kanhaiya Lal, has filed this appeal against the judgment dated 2. 8. 1995, passed by learned Special Judge (Abolition of Sati)-cum- Additional Sessions Judge, Jaipur City, Jaipur, in Sessions Case No. 9/1995, whereby he was convicted and sentenced under Sec. 302 IPC, to imprisonment for life & a fine of Rs. 1,000/- and in default, to undergo three months rigorous imprisonment.

(2.) THE facts in brief are that on 10. 5. 1994, at about 5. 10 p. m. , a telephonic message was received at Police Station, Vidhyadhar Nagar, Jaipur, that two dead bodies were lying in house No. C. L. 64, Vidhyadhar nagar, Jaipur. THE S. H. O. of that Station reached the place of occurrence. THEreafter at about 7. 30 p. m. on the same day, a written report Ex. P. 14 was lodged by P. W. 16 Murlidhar, brother of deceased Vidhya alias Rita, with the averments that his elder sister Vidhya was married to Kanhaiylal accused about four years ago. One daughter Lata was born out of this wedlock after one year. His sister was being harassed by Kanhaiylal for last two years. THE accused appellant even deserted his sister and served a notice for divorce. THEreafter a compromise took place in writing. It is further stated that his sister made a complaint regarding beating with her by accused one and half month's prior to this incident. Today at about 6-6. 30 p. m. the informant was at his shop in Kishan Police Market. Udhav Das came and informed about the death of his sister and Kumari Lata, (Daughter of his sister ). He came to the place of occurrence and found dead bodies of his sister and her daughter in the house. Hair of his sister were ruffled, blood was oozing from the mouth and nose. Injuries were also found on the person of Smt. Vidya Devi and Kumari Lata. Mouth of Kumari Lata was also tightened with cloth. THE accused has killed them and is not present at the house.

(3.) WE have heard learned counsel Mr. A. K. Gupta for the appellant and Mr. Rajendra Yadav learned Public Prosecutor on behalf of the State and have gone through the entire record.