DEVA RAM Vs. STATE

JUDGEMENT

(1.) This Criminal appeal under Section 374(2) Cr.P.C has been filed against the judgment dated 31.10.2003 passed by the Addl. Sessions Judge, (Fast Track) No.2, Jhunjhunu in Sessions Case No 27/2003 (66/2003), whereby the present appellant has been convicted and sentenced as under:

(2.) The short facts of the case are that on the statement Ex.P-10 of Smt.Savita wife of Badruram, Ex.P/11 first information report no 146/2002 has been registered for the offences under sections 456,307 and 323 IPC.During investigation Smt. Savita had died and the case has been converted for the offences 302 IPC. Savita had stated in Ex.P/10 (Paracha Bayan) that she was married to Badruram 20 years' back and they were having share of two bighas of land in ancestral property. Her husband are five brothers, four are elders and one is younger. Jeetaram, Devaram and her husband are living in the village where Chandgiram is serving at Pilani and Shankar and Pappu went abroad. Jeetaram and Devaram are not having good relations, two days back, they have assaulted her husband Badruram with Kulhari and iron rod but he was saved by villagers. Today i.e on 20.9.2002, her husband was at the well, she was sleeping with her three children, at about 3 am in the night, her husband's elder brother Devaram and two persons Narsinghram and Subhash came to her house.They assaulted her and by catching hold of her mouth, some liquid like medicine was poured in her mouth by them. She fainted and on hue and cry of her child, all three ran away. Neighbours came there, her husband was called and she was shifted to hospital.

(3.) After investigation, charge sheet has been filed only against present appellant Devaram for the offences under sections 456,302 and 323 IPC. Case was committed to the Sessions Judge and transferred to Additional Sessions Judge (Fast Track) No.2 Jhunjhunu.