NENA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for appellant as well as learned Public Prosecutor. This appeal is preferred to question the correctness of the judgment dated 27.1.2004 passed by the learned Additional Sessions Judge (FT), Jalore in Sessions Case No. 143/2003 (22/2003), convicting the appellant-accused Nena Ram for the offences punishable under Sections 302, 397 and 454 I.P.C. and sentenced him as follows :

(2.) The concise facts of the case are that PW-13 Sampat Raj filed a written report (Ex.P-9) to the SHO, Police Station Bagra on 30.8.2003 at about 3.30 P.M. Stating, inter alia, that at 2.30 O'clock in the Noon when Ms. Bhawna Purohit went to house of Gairi Bai for collecting payment of the supplied milk, as the door was closed she peeped into the house through adjacent window and saw one person wearing stripped shirt and pant, who was standing with back towards window. Upon seeing this, she feared and started shouting.

(3.) Upon her hue and cry, Suresh Kumar, Sonmal, Unkarmal and other residents of the lane gathered and tried to open the door, When the door could not be opened, few persons climbed to roof, went into the house and opened the 'door. There they saw that a pillow was pressed over mouth of Gairi Bai, she was laying against the wall. No other person was found there. Said person might have escaped upon hearing the voices of gathered people.