UDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal filed by convicted accused Uda is directed against the judgment dated March 21, 1975 of learned Additional Addtional Sessions Judge, Jhalawar, whereby he convicted the accused -appellant under Section, 302, I.P.C, for committing the murder of his wife Mst. Shankari and sentenced him to imprisonment for life.

(2.) THE facts giving rise to this appeal are that Mst. Shankari (since deceased) was married to accused -appellant Uda about 4 or 5 years prior to the occurrence. Mst. Shankari want to her father's place and thereafter did not return back to the house of her husband. Uda came to fetch his wife, but she refused to oblige him. Oaths fateful day i.e. February 1, 1975 Mst. Shankari (since deceased) along with Mst. Champi (PW 1) went to work, as Labourer at the house of Radha Kishan, who was constructing a house in the village. Mst. Champi and Mst. Shankari went to fetch water. Mst. Champi filled her pitcher but Mst. Shankari remained behind. Seeing Mst. Shankari all alone accused Uda came there, dragged her wife towards the bed of the river and thereafter inflicted knife blows on her person as a result of which Mst. Shankari met her death. First information report of this occurrence Ex. P/1 was lodged at the Police Station, Manohar, District Jhalawar on February 1, 1975 at 10.30 p.m. i.e. nearly after ten hours of the occurrence. Autopsy on the dead body of Mst. Shankari was performed by Dr. Brij Raj Singh Chandawal PW 13. During the course of investigation the accused was arrested on February 8, 1975. The accused after his arrest declared his intention to get the weapon of offence discovered. The information given by the accused was reduced into writing and the same has been marked as Ex. P/13. In consequence of the above noted information, knife Article 1 was discovered and the same was seized vide seizure memo Ex.P/6. Blood sained knife was sent to the Serologist on which human blood could not be ascertained. As such the discovery of knife cannot be of much importance to the prosecution. The police after usual investigation submitted a challan against the accused and he was ultimately tried, convicted and sentenced by the learned Additional Sessions Judge as mentioned above.

(3.) THE conviction of the accused is mainly based on the statements of two alleged eye witnesses, PW 6 Bajranga and PW 7 Mst. Samudri. They are said to be children of the servant of Kanwar Lal, who is admittedly the father of the deceased. They are child witnesses and on the date of their examination before the court their age was 9 years and 5 years respectively According to the prosecution their statements find material corroboration by the statement of PW 4 Radha Kishan.