SHANKER Vs. STATE OF RAJ

JUDGEMENT

(1.) The judgment of conviction and order of sentence dated 18.8.2004 passed by the learned Additional Sessions Judge, Fast Track, No. 1, Banswara in Sessions Case No. 35/2004 is under challenge in this appeal. By the impugned judgment of conviction and order of sentence aforesaid, the learned trial court convicted the appellant under Section 302 IPC and sentenced him to suffer rigorous imprisonment for life and pay fine of Rs. 5,000/-, in default of payment of fine, to suffer another period of rigorous imprisonment for one month. Being aggrieved by the said conviction and sentence, the appellant has preferred this appeal from jail. The prosecution case, as unfolded at the trial, brief, may be stated as follows.

(2.) The present case involves the killing of Smt. Kamla (hereinafter referred to as 'deceased'). On 14.5.2004, Ladki (P.W. 4), maternal aunt of the deceased came to the residential house of appellant to meet her niece Kamla-deceased at village Bichhawada and remained there in night. On 15.5.2004, after taking morning tea, she was returning to her village Ghanoda with Champi. While they moved a little, they heard the cry of the children from the house of the appellant. On hearing cry, they returned to the house of the appellant and saw that appellant Shanker was sitting on otli after murdering his wife. Shanker told them that he had murdered Kamla by sword. The sword was lying there and the garments of Shanker were blood-stained. The people of vicinity gathered there and she (Ladki) returned to her house.

(3.) The report about the occurrence was lodged by Ladki (P.W. 4) at P.S. Lohariya (Banswara) on the same day as Ex. P/8 and formal FIR No. 107/2004 was registered as Ex. P/9 under Section 302 IPC and the police launched investigation into the matter.