DEVI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant-accused Devi Lal against the judgment and order dated 12th July 2004 by which he has been convicted for committing offence punishable under Sec. 302, IPC and has been sentenced to undergo life imprisonment, with fine of Rs. 5000/- and in default of payment of fine, to undergo one year's simple imprisonment, in Sessions Case No. 105/2003, by the Court of Additional Sessions Judge (Fast Track) No. 1, Dungarpur.

(2.) BRIEF facts of the case are that on 14th May 2003 a written report (Ex. P1) was submitted by the complainant Smt. Pushpa at Police Station, Ganeshpura of district Dungarpur in the midnight of 13th, 14th May 2003 at 2.00 a.m. stating therein that she is married to appellant-accused Devi Lal. Her marriage took place about 6-7 years ago and after this marriage she gave birth to one girl baby. While said girl baby was in the womb, disputes started between the complainant- wife and appellant-husband. However, after one month to the delivery of the baby, the appellant brought another lady Smt. Sajudi and contracted 'Nata marriage' with her and started torturing the complainant. In the night of previous Diwali, she was thrown out of her husband's house and since then the complainant started living with her parents. The complainant had also lodged a case in Police Station, Ganeshpura earlier, which is going on and because of the above reasons, her husband was having enmity with the complainant. The complainant Smt. Pushpa already had apprehension that her husband may kill her. On 13th-14th May 2003, after taking the meal, her father, mother and brother-all went to sleep in the open courtyard and complainant, with her minor daughter, was sleeping in the room and door of her room was closed. At about 11.00 p.m. in the night of 13th May 2003 the complainant heard some voices of knocking of door and some shouting then she, instead of opening the door, saw from a wreck in the door that her husband was inflicting injuries with a sword upon her father Kanji, mother Smt. Doli Bai and brother Pappu. The appellant- accused tried to get door of room of the complainant open, upon which the complainant started shouting. In this situation, the appellant-accused started running. The appellant- accused was accompanied by one more person, to whom the complainant could not recognize. On hearing her shouting voice, complainant's uncle Bharta s/o Panna came there, upon which she opened the door of the room. The complainant found that her mother, father and the brother were lying dead on the spot. In her complaint Ex. P1, she stated that her uncle Bharta also saw Devi Lal running away holding sword in his hand.

(3.) THE other witness P.W. 7 Bharta is uncle of the complainant and though he denied the suggestion that his house is 1.5 kilometers away from house of the complainant Smt. Pushpa but he admitted that the appellant never visited witness's house nor the witness visited appellant's house. In the cross-examination, he stated that he saw a person running, from 200 feet distance and with him no other person was there; which contradicted the fact stated in the complaint. In the cross-examination, he stated that he found the house of Smt. Pushpa locked when he reached on the spot, which falsifies the prosecution case. THE witness, P.W. 7 Bharta, further admitted that he even did not see face of the person running from there as he saw the person from back side of said person.