BAPULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Bapulal was indicted before the learned Additional Sessions Judge Jhalawar in Sessions case No. 91/94 for having committed murder of his wife Gulab Bai. The learned trial judge vide judgment dated May 29 1995 found him guilty, convicted and sentenced him under Section 302, IPC to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer one year rigorous imprisonment.

(2.) Against this judgment of conviction and sentence that the present action for filing the appeal has been resorted to by the appellant.

(3.) In brief the prosecution case is that Gheesalal (PW 7) father of deceased Gulab Bai instituted oral report on May 26 1994 with the police station Bhalta District Jhalawar with the averments that on being informed by his sister-in-law around 7.00 p.m. that his son in law Bapulal (appellant) gave beating to his daughter with Sariya, he rushed to her house and found her lying dead. Bapulal who was standing by her side armed with Sariya (iron rod) made an attempt to beat him also. The Police Station Bhalta registered a case bearing No. 39/94 under Section 302, IPC vide Ex. P.5 and inestigation commenced. The accused appellant was arrested. Sariya was recovered at his instance vide Ex. P. 10. Statements of the witnesses under Section 161 were recorded. Site was inspected and on conclusion of the investigation chargesheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Jhalawar. Charge under Section 302, IPC was framed. The appellant denied the charge and claimed trial. The prosecution examined as many as 17 witnesses in support of its case. In the statement under Section 313 Cr.P.C., the appellant claimed innocence. No evidence in defence was however produced. On hearing the final subissions, the learned trial judge convicted and sentenced the appellant as indicated hereinabove.