VAGJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is preferred to challenge the judgment dated 29.6.2004 passed by learned Additional Sessions Judge No.2, Banswara, convicting the accused appellant for the offences punishable under Sections 302 and 394 Indian Penal Code. Learned trial court sentenced the accused appellant for life term imprisonment with a fine of Rs.1000/ - and further to undergo six months simple imprisonment in the event of default in payment of fine for the conviction made under Section 302 Indian Penal Code. A sentence of ten years rigorous imprisonment with a fine of Rs.500/ - is awarded against the offence punishable under Section 394 Indian Penal Code.

(2.) THE factual matrix necessary to be noticed is that on 20.12.2003 at about 07:30 AM one Shri Nathu son of Jeevna orally informed at police station Abapura that in the night of 19.12.2003 his niece Miss Kali daughter of Hokia and mother Smt. Vaji were sleeping at their house in a room with younger brother Vikas and sister Sansar. On hearing cry of younger brother and sister she awoke and did not find her parents in room. Kali then went to the residence of Vagji, her elder brother who too was not present at his house. She then made a search of her father and mother with Smt. Kati wife of Devji. During search they found dead body of Hokia lying on a path way. On making alarm Vagji also came to the place of occurrence and with the light of torch a sharp injury was noticed on the head and neck of Hokia. Dead body of Smt. Vaji was also found at nearby place. Her ornaments like 'sankli', 'hansli', 'kadla' etc. were missing.

(3.) THE trial court while convicting the accused appellant mainly relied upon the statements of PW -3 Miss Kali, PW -7 Smt. Kati and the recoveries made at the instance of the accused appellant.