JALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 26 th Sept., 2005 passed by Additional Sessions Judge (Fast Track), Jalore, Camp at Bhinmal (for short 'the trial court' hereinafter) in Sessions Case No.13/2005 (3/2005), whereby the learned trial court convicted the accused-appellant for committing offence under Section 302 I.P.C. and sentenced him for life imprisonment and a fine of Rs.3,000/-, in default of payment of fine, further to undergo 6 months' simple imprisonment.

(2.) Brief facts of the case emerge out from the judgment impugned are that Dhokala Ram (PW 8) filed a report on 19.9.2004 at 2:00 PM to the S.H.O., Police Station, Chitalwana, stating therein that marriage of his daughter Nathi was solemnized 15 years ago with accused-appellant. From last two years, accused-appellant-Jala Ram use to harass his daughter Nathi and is assaulting her. He tried to pacify the accused-appellant through the relatives but the attitude of Jala Ram had not been changed. It is further stated in the report that today Mangla Ram S/o Maga Ram Bishnoi, resident of Agadwa has informed him that his daughter Nathi is lying dead in the Dhani of accused-appellant Jala Ram. On receiving this report, he along with his sons Punma Ram, Shankara Ram, Sawai Ram, Bhera Ram and Vera Ram went to Agadwa and saw some scratches on the neck of her daughter, which clearly shows that Jala Ram has killed his daughter. He has also raised suspicion about Vakta, Purkha and Pallu W/o Vakta.

(3.) On receiving this report, an FIR was registered against the accused-appellant for the offence under Section 302 I.P.C. The post mortem of dead body of Smt. Nathi was conducted on 19.9.2004 by Medical Board consisting of three Doctors, and the post mortem report (Exhibit P/12) was prepared. In the post mortem report, it is mentioned that a female fetus (dead) of about 8 months is found in the body of Smt. Nathi. Four injury marks have been found on the neck of Smt. Nathi. The cause of death is also given which is as under:-