NARENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment under challenge is dated 3.9.2004 passed by learned Additional Sessions Judge (Fast Track) No.3, Udaipur Camp Salumber convicting and sentencing the accused-appellant as under :-

(2.) The factual matrix necessary for adjudication of the appeal are that at the stance of an oral information given by Naresh Salvi (PW-3), a criminal case was registered at Police Station Salumber, District Udaipur. As per the information recorded deceased Nathi, sister of Naresh Salvi was residing at her maternal home from last 2 years being having disputes with her husband Magan Salvi. While staying at maternal home, Smt. Nathi fled away with Naresh Salvi about 3 months earlier and returned after 10-15 days. On 19.3.2003, the parents of the deceased and the complainant went to avail work of famine relief and Smt. Nathi was all alone at home. The complainant too was not at home as he was participating in some events pertaining to Holi festival. At about 2.30 p.m., on returning home, he found the main gate closed. Smt. Rudi Bai, grand mother of the deceased and complainant was sitting at a nearby house. Despite calling, the gate was not opened from inside, thereafter, the complainant entered into the interior open floor of the house through outer wall, wherefrom he saw that Smt. Nathi and Narendra were standing in a room with closed door. Narendra was carrying a sword in his hand and Smt. Nathi was shouting for not killing her. On making alarm, the neighbours Shankar Ji, Laxman Ji etc. came at the place of occurrence and Naresh Salvi proceeded to call his parents. At about 4.00 p.m., on reaching of the parents, the door of the room was opened. Smt. Nathi was found lying down therein bleeding allover.Narendra Salvi too was found there having serious wounds. A sword and a knife were lying there. As per the information given Narendra and Nathi ere having a love affair, however, being belonging to same sub-caste, their marriage was not possible, hence, Narendra killed Nathi by giving sword blows.

(3.) After regular investigation, a charge-sheet was filed before the Court of Additional Chief Judicial Magistrate, Salumber. The case was committed to the court of Sessions and the court of Sessions framed charges against the accused-appellant for the offences punishable under Sections 302 and 309 IPC. On denial of the charges regular trial was conducted. The prosecution supported its case with the aid of witnesses PW-1 to PW-17, several documents too were also exhibited in support of prosecution case, and an opportunity was given to the accused-appellant to explain the adverse circumstance existing in the prosecution evidence. The accused denied all the allegations and alleged his false implication in criminal case. He also stated that he and deceased solemnized marriage, but the society and villagers were having objections for that, thus, they tried to commit for suicide, in which Nathi died and he remained alive. Learned trial court considering the entire material evidence on record, held the accused guilty for offences punishable under Sections 302 and 309 IPC, thus, convicted and sentenced him accordingly. In appeal the basic argument of learned counsel for the accused-appellant is that the offence punishable under Section 302 IPC, on basis of the evidence available cannot be made out against the accused and whatever evidence available indicates about death by consent (euthanasia). It is asserted by learned counsel for the accused-appellant that in the present case Exception-5 of Section 300 IPC is required to be invoked. To substantiate the allegation, it is urged that as per PW-3 Naresh Salvi, accused Narendra and deceased Smt. Nathi both were in the room, Narendra borrowed sword from the room itself and then gave a blow to his sister. This witness nowhere states that his sister quarreled with Narendra or made any alarm or objected with Narendra for giving her sword blows. It is asserted by learned counsel that the accused too was found seriously injured by stab wound, therefore, much chances of giving multiple injuries to each other by deceased Smt. Nathi and accused Narendra exists in view of the fact that they were in deep love and were not in a position to marry being belonging to same sub-caste.