RAMLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374(2) Cr.P.C. is preferred to question the correctness of the judgment impugned dated 12th April, 2004 passed by the learned Additional Sessions Judge, (Fast Track), Chittorgarh in Sessions Case No. 9/2004, State of Rajasthan vs. Ramlal, convicting the appellant-accused for the offence punishable under Section 302 IPC and sentenced him to undergo life imprisonment along with fine of Rs. 5000/-, in default of payment whereof to further undergo 03 months' simple imprisonment.

(2.) IN brief, the facts of the case are that on 25.10.2003, at the place of occurrence i.e. Kaunami Udaba, Mauja Odunda, complainant-Ratanlal S/o Shantilal (P.W.18) gave an oral report (Ex.P/1) to Madan Singh (PW-11)- Station House Officer, Police Station Chanderia, inter alia, stating that on the same dav at about 10.30 a.m., when he was at his field removing groundnut, and Ramlal, Ratanlal (PW19), Baluram (PW20) were working in the adjoining fields near the field of complainant, Kanta came to "Devra" (grave) of Banshi Lal situated in his field; Ramlal armed with an axe, also came to the "Devra" and inflicted blow by axe on the head of Kanta, upon which, she fell down making shriek. On hearing the same, complainant, Balu and Ratan Lai ran towards the place of occurrence and saw that the blood was oozing out from the back side of the head of Kanta and her hands and feet were moving; Narayan (PW21.) aged 5 years, who is the son of Kanta was standing there. After assaulting, accused-Ramlal fled towards Ghosunda with the axe. After some time, Kanta died. Complainant (PW18) went t Ghosunda by bicycle and informed about the incident. It is further stated by the complainant that the marriage of Kanta (deceased) with the accused-appellant was solemnized 10 years before the incident and Kanta was living at her parental house, at Ghosunda for last six months as the accused used to quarrel with the deceased Kanta.

(3.) DURING the trial, the prosecution, in support of its case, examined as many as 22 witnesses and exhibited 34 documents. The statement of the accused-appellant was recorded under Sec. 313 Cr.P.C. The accused- appellant negated the prosecution evidence and contended that he is innocent and has been falsely implicated in this case. However, in support of his case, the accused-appellant did not produce any oral defence evidence, but in documentary evidence, police statements of Gopal (Ex.D/1), Kishan Lal (Ex.D/2), Udai Singh (Ex.D/3), Dal Chand (Ex.D/4) and Dinesh (Ex.D/5) were adduced by the accused-appellant.