BALWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ANITA, a young married woman, was found murdered in her in laws house on January 28, 1997. At the time of death she was pregnant and the age of male child was approximately 34 to 38 weeks. ANITA was married to Balwant Singh (appellant) on May 18, 1996 and most of the time after her marriage she had remained at her parental house. Only two days before her, death i. e. on January 26, 1997 Balwant Singh took her to his house. Balwant Singh was indicted for having committed murder of ANITA and vide judgment dated September 10, 1998, the learned Additional Sessions Judge, Behror (Alwar) convicted and sentenced him under Section 302 IPC to suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer. One Month Imprisonment. Impugning this judgment, the appellant has preferred the present appeal.

(2.) AS per the prosecution story a written report was submitted by informant Basanti Lal Yadav, at police Station Behror on January 29, 1997 at 1. 35 A. M. against his son Balwant Singh (appellant) with the averments that his son Balwant Singh was married to Anita (since deceased) on May 18, 1996. Balwant Singh brought Anita from her parental home on January 26, 1997. At about 10 AM on January 28, 1997 when the informant was leaving his house for office, he had noticed some exchange of hot words between Balwant Singh and Anita. Subsequently around 4 PM he received information that Anita was lying unconscious in the house. The informant rushed to his house and on reaching there he found Anita dead. The informant suspected that it was Balwant Singh who had killed Anita.

(3.) BASANTI Lal Yadav (PW. 1) in his deposition stated that Anita was married to his son Balwant on May 18, 1996. She had been to her parental house for the last 2-3 months before Balwant took her on January 26, 1997 to his house. On January 28, 1997 while he was about to leave his house, he found Balwant and Anita laughing and joking. He then gave a word of caution to them. There was no body in the house except his old mother. At about 3- 4 PM he received information in Tehsil that Anita was lying unconscious. On reaching the house he found Anita dead. The prosecution after declaring BASANTI Lal Yadav hostile, cross examined him. In his cross examination he however admitted that written report Ex. P-1 was lodged by him.