LAWS(RAJ)-2011-1-20

NAND LAL Vs. STATE OF RAJASTHAN

Decided On January 11, 2011
NAND LAL Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. This appeal is directed against the judgment of conviction and order of sentence dated 30.6.2003 passed by the Court of learned Additional Sessions Judge (FT), Jodhpur in Sessions Case No.85/2003 by which the learned trial court convicted and sentenced the accused appellant Nand Lal as under :-

(2.) On this written report, criminal case No.41/2003 was registered for committing of offence punishable under Section 302 IPC and investigation was conducted. After investigation, challan was filed against the accused appellant where he was charged for offence punishable under Sections 302 and 498A IPC. The appellant denied the charges and sought trial.

(3.) During trial, the prosecution examined as many as fifteen witnesses including PW1 Miss Sonu d/o appellant, PW2 Raju s/o appellant and PW4 Miss Asu d/o appellant who supported the prosecution story. Total 40 documents were exhibited. The statement of accused appellant was recorded under Section 313 Cr.P.C. wherein the accused stated that the evidence is false or he has no knowledge about the fact stated in evidence, then he stated that the character of his wife was bad. He stated that he was given treatment for mental disorder and he was falsely implicated in the case.