GUMAN MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appellant has been convicted by the learned Addl.Sessions Judge, Phalodi, vide impugned judgment dated 24.9.1999, passed in Sessions Case No. 11/98, for the offence under Sec. 302 I.P.C., and sentenced to imprisonment for life, with a fine of Rs. 100.00, in default of payment of tine, to undergo one months' rigorous imprisonment.

(2.) Brief facts of the case are that, 19.6.98 at about 10,30 P.M., the appellant himself appeared at the Police Station Phalodi, and submitted a written report that, he had contacted love marriage with the deceased Kamla, in the year 1985, and since then they were living as husband and wife. It was then alleged that, for the last few years the deceased was not discharging conjugal obligation with the informant, and instead had developed illicit relation with one Kishna Ram, for which she was given good counselling, and was brought back to Phalodi from Jodhpur in train today. For the whole day they kept sitting on the Bus Stand Phalodi, and in the evening they left for the village Khinchan which is at a distance of about 5-7 kms. They left on foot. It was then alleged that, on the way when they were crossing field behind Amarchand Laduram Gulechha College, falling en-route, the deceased was going ahead of him, at that time he took out sharp Barchhi, and inflicted 3-4 injuries on the head of Kamla, Kamla fell down and died.

(3.) On this report a case under Sec. 302 I.P.C. was registered, and informer accused appellant was arrested. After completing necessary investigation, charge sheet was submitted before the concerned Magistrate, who committed the case for trial to the learned trial court.