STATE OF RAJASTHAN Vs. OM PRAKASH

JUDGEMENT

(1.) The instant appeal has been preferred by the State of Rajasthan for assailing the judgment dtd. 2/3/1990 passed by learned Addl. Sessions Judge, Nohar in Sessions Case No.52/88, acquitting the respondent Shri Omprakash charged under Sec. 302 IPC.

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:- Smt. Kamla (PW.1) and the deceased Smt. Radha were married to sons of Manphool i.e. Satveer and Omprakash respectively about six years before the incident. The sisters i.e. Kamla and Radha had gone to their maternal home i.e., village Sonadi about 10-12 days before the incident. On 21/11/1988, father of the girls i.e. Shri Rajiram brought his daughters back to the in-law's house at the village Aradki in the late hours of 22/11/1988. When father of the two girls reached the village Aradki, they found that no one was present at home. Whilst Shri Satveer (husband of Kamla) had gone to the village Kumhariya, Omprakash (husband of Radha Devi) and the in-laws had gone to the agricultural fields. They returned home after the arrival of Shri Rajiram, Radha Devi and Kamla. It is alleged that the motherin-law, taunted as to why the girls had come back to the in-law's house. Kamla and her sister Radha Devi took dinner and then went to sleep in the Kotha, whereas her mother-in-law, sister-inlaw and Balveer went to sleep in a nearby Kotha. Her father, father-in-law and Omprakash (husband of Radha) slept in the living room. On 22/11/1988 in the morning both the sisters woke up and got busy with their day to day routine. At about 6 O' Clock, whilst it was still dark, Radha Devi went in backyard. Omprakash also followed her. Smt. Kamla collected the ashes and was also going in backyard. At which point of time, she saw her brother-inlaw Omprakash coming alone. Omprakash asked Kamla as to where she was going on which she replied that she was going to dispose of the ashes in backyard. Omprakash insisted that the ashes should not be thrown there and she should not go into backyard. Kamla insisted that Radha had not returned and thus, she proceeded towards the said direction and saw her sister Radha Devi lying on the ground dead with her Chunni wrapped around her neck. Kamla unwrapped the chunni from her neck and observed that Radha had passed away. Smt. Kamla immediately rushed to her father and told him regarding the unfortunate incident of Radha's death. In the intervening period, Omprakash ran away from the home.

(3.) Kamla (PW.1) gave the statement (Ex.P/1) to the SDM, Nohar (PW.8) who was conducting inquest enquiry at the Government Hospital, Nohar alleging that Omprakash had murdered her sister Radha Devi by strangulating her with the chunni. On the basis of this statement, FIR No.192/1988 (Ex.P./17) came to be registered at the Police Station, Nohar for the offence punishable under Sec. 302 IPC. The dead body of Smt. Radha was subjected to postmortem at the Government Hospital, Nohar at the hands of Dr. J.P. Swami (PW.7) posted at the Government Hospital, Nohar. The medical jurist issued the postmortem report (Ex. P/15) taking note of numerous marks of strangulation on the neck of the deceased and opined that the cause of death was asphyxia and syncope.