UMMED SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) First day of the year 1995 in village Navladi District Jhunjhunu (Rajasthan) began with a tragic incident. In we hours of New Year, Young bride Kesar was shot dead in the Haveli (big house) of her husband (appellant) who was indicated before the learned Additional Sessions Judge Jhunjhunu in Sessions Case No. 26/96 (116/95) for having committed murder of his wife Kesar. He was found guilty and convicted and sentenced under Sec. 302 IPC and Sec. 3/25 (B) (A) Arms Act, 1959 vide judgment dated 25/10/1997 as under :- U/s. 302 IPC To suffer Imprisonment for life and fine of Rs. 5,000.00, in default to further suffer One Year Simple Imprisonment U/s. 3/25 (B) (A) Arms Act, 1959 : To suffer Three Years Rigorous Imprisonment and fine of Rs.1000.00, in default to further suffer Six Months Simple Imprisonment Both the sentences were directed to run concurrently.

(2.) The prosecution case as unfolded during trial is that at 7.30 am on 1/01/1995 a telephonic message was received at police station Nawalgarh. It was discerned that one Ummed Singh s/o Narain Singh resident of Navladi had shot dead his wife. The said information was recorded in Rojnamcha at Entry No. 1103 dated 1/01/1995. On receiving the said information Bhishma Raj Arya (PW18), SHO Police Station Nawalgarh Proceeded towards the place of incident. Upon reaching there, he found a room locked from outside and on not finding the keys the door-latch was broken. Inside the room Kesar (since deceased) was lying dead on a cot. Bhagwana Ram (PW.1) submitted a written report (Ex. P-1) at the place of incident on the basis of which Crime No. 2/95 was registered at Police Station Nawalgarh for the offences under Sections 147, 148, 149, 302 and 498A IPC and the investigation commenced. In the said report it was inter alia stated by informant Bhagwana Ram that his sister Kesar was married to the appellant Ummed Singh. Time and again she was pestered by her in-laws for dowry. One Sumitra wife of Lal Chand brother of appellant) had killed her husband by administering poison. The appellant Ummed Singh had developed illicit relations with Sumitra. In order to marry Sumitra the appellant entered into conspiracy with Sumitra, Pyarelal, Narain Singh S/o Debu Ram, Tulsi, Narain Singh S/o Panna Ram liquidated his wife with the aid of firearm in the early hours of 1/01/1995. On hearing gun shot, the attention of one Heera Lal was drawn towards the house of appellant where he saw the appellant endeavouring to make himself scares.

(3.) The Investigating Officer after drawing certain seizure memos, recorded statements of witnesses and arranged for the post mortem of deadbody and after doing the needful submitted charge sheet against the appellant for the offence under Sec. 302 IPC. Subsequently thecharge sheet was also filed against the appellant for the offence under Sec. 3/25 (B)(A) of Arms Act, 1959. In due course the case came up for trial before the Court of learned Sessions Judge Jhunjhunu. Charges under Sec. 302 IPC and Sec. 3/25 (B) (A) of Arms Act were framed against the appellant. The appellant denied the charges and claimed trial. The prosecution examined as many as 19 witnesses and exhibited 29 documents in support of its case. Thereafter on 27/09/1997 the case was transferred to the Court of learned Additional Sessions Judge, Jhunjhunu, who recorded the explanation of the appellant under Sec. 313 Cr.P.C. In his statement the appellant discerned that there was some political animosity as also some litigation between him and Ganpat as well as Heera Lal. On the date of incident, he was irrigating his fields along with his father when at 8.00 AM Suresh came asking him, he went to his house where he found the police, who arrested him then and there. In defence one witness ws examined and 14 documents were got exhibited. On hearing final submissions the learned Additional Sessions Judge convicted and sentenced the appellant as indicated herein above.