OM PRAKASH ALIAS MUNNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was indicted before the learned Sessions Judge, Kota in Sessions Case No. 234/95 for having committed murder of his wife Ranjana. THE learned Judge vide judgment dated June 29, 1999 convicted and sentenced the appellant under Section 302 IPC to suffer imprisonment for life and fine of Rs. 1,000/- and in default to further suffer one month simple imprisonment and under Section 4/25 of the Arms Act to suffer six months simple imprisonment and fine of Rs. 600/- and in default to further suffer imprisonment for one month simple imprisonment. THE sentences were ordered to run concurrently.

(2.) AS per the prosecution story informant Israr, (PW. 12) submitted written report to the SHO Police Station Kethunipole, Kota on April 26, 1995 stating therein that the appellant inflicted injuries to his wife Ranjana with Kattar. While she was taken to the Hospital she died on the way on the basis of the said report a case under section 302 IPC was registered and investigation commenced. Autopsy on the dead body of Ranjana was conducted, the appellant was arrested and statements of witnesses under section 161 Cr. P. C. were recorded. On completion of the investigation charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge Kota. Charge under section 302 IPC and section 4/25 Arms Act was framed against the appellant, who denied the charge and claimed trial. The prosecution examination as many as 13 witnesses in support of its case. In his explanation under section 313 Cr. P. C. , the appellant claimed innocence and stated that her wife Ranjana was alive and was residing with Kayum. No witness was examined in defence. The learned trial judge on hearing the final submissions convicted and sentenced the appellant as indicated above.

(3.) FOR the reasons aforementioned the appeal is allowed. The impugned judgment dated June 29, 1999 is set aside and the case is remanded back to the learned Sessions Judge Kota for denovo trial in accordance with law. Record of the case be remitted forthwith.