AMRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated March 27,1984, passed by the Sessions Judge, Jodhpur, by which the learned Sessions Judge convicted and sentenced the accused- appellant for the offence under Section 302 I. P. C.

(2.) ACCUSED Amra Ram was tried by the learned Sessions Judge, Jodhpur, for committing the murder of his wife Mst. Barju in his Dhani, which is situated in the Kankar of village Matora, in the intervening night between January 2 and 3, 1983.

(3.) THEREAFTER she requested her son-in-law Amra Ram to help her in the repairing of her huts, upon which Amra Ram told her that he would accompany her and help her in repairing the huts. The accused thereafter went to his house. Sometime thereafter, Manphoola Ram came there, who was searching for his camel. He stayed there for about two hours, took his meals and when he was going to his village, she requested him to leave her to the house of Amra Ram as she had an idea to spend the night with her daughter and in the morning, she alongwith her son-in-law Amra Ram intended to go to her village. In the night, when she, alongwith Manphoola Ram, reached near the Dhani of accused Amra Ram, they heard the cries 'maare RE MAARE RE' and when she entered inside the Dhani of Barju, she saw Amra Ram silting on the chest of Mst. Barju and was throttling her. Mst. Barju, at that lime, was lying on the ground. Mst. Chhoti and Manphoola Ram rescued Mst. Barju from accused Amra Ram. Amra Ram thereafter went out side the house, Mst. Barju died sometime thereafter. They stay in the hut in the night and in the next day morning. Manphoola Ram went to lodge the report at the Police Station and she went to the Dhani of Ram Lal and informed him that Mst. Barju has been murdered by accused Amra Ram and as such he should accompany her. THEREAFTER Amlu Ram and Ram Lal accompanied her Bhakra and Khinya Ram were, also, called. The police came there, prepared the site plan etc. , recovered the dead-body and conducted the investigation. A lengthy cross-examination has been conducted with this witness.