SUPPYAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail Appeal by accused appellant Supyara, who was charged and tried for the offence under Sec. 302 I.P.C. as she alleged to have committed murder of her mother-in-law, has been filed challenging the judgment of conviction and sentenced passed by the Additional Sessions Judge, Neemkathana, district Sikar, by which he convicted the accused appellant U/s. 304 Part II Penal Code and sentenced her to undergo 3 & 1/2 years simple imprisonment with a fine of Rs. 2000.00 and in default of payment of fine, to further undergo six months imprisonment.

(2.) The prosecution case unfolded during trial is that 4.7.98 one Babu Lal Meena lodged a written report (Ex.P. 3) at Police Station, Ajeetgarh, district Sikar to the effect that today at about 5.00 AM the wife of Shri Surja raised hue and cry. Thereupon, he went there and found the cloths being thrown and a box lying there. The wife of Surja disclosed that the thieves committed murder, broke the jolya and took away the said jolya with them. Babulal asked her as to where the thieves have gone. In the meantime, Kalu Ram, Chothu Ram and Richpal Ahir came there. On search, they found the mother of Surja lying dead in the house of kitchen and Khakla. She was smeared with blood. The ghaghra which the wife of Surja was wearing was also smeared with blood. Lastly, Shri Babu Lal Meena stated that only the wife of Surja has committed murder of Parli. On the basis of this report the police registered a case and started investigation. During investigation, the police prepared Panchayatnama Ex.P. 1, got conducted the post mortem, the report of post mortem examination is Ex.P. 14. On the information Ex.P. 15 and at the instance of accused the police recovered Gandasha vide recovery memo Ex.P. 5. Police also recovered Lehanga-Loongari, soil, blood stained soil vide recovery memo Ex.P. 6, Ex.P. 7, and Ex.P. 8 respectively.

(3.) After completion of investigation the police submitted a charge sheet against the accused appellant in the Court of Additional Chief Judicial Magistrate, Nimkathana who committed the case to the Court of Sessions. The learned Sessions, Judge Sikar transferred the case to the Court of Additional Sessions, Judge Nimkathana. During trial the learned Additional Sessions Judge framed charges against the accused appellant u/s. 302 IPC. The charge was readover to the accused, to which the pleaded not guilty and claimed trial.