RAMDEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused-Ramdev through Superintendent, Central Jail, Ajmer against the judgement dated 18.11.2003 passed by learned Additional District and Sessions Judge (Fast Track), Tonk whereby he was convicted for offence u/s.302 IPC and sentenced to life imprisonment with fine of Rs.100, in default of payment thereof, he was to further undergo simple imprisonment of six months.

(2.) The facts of the case are that accused Ramdev used to stay with his wife Santra and four children in a locality of Kota City. His in-laws used to reside close thereby. On 8.7.2003, the accused left his three children with his in-laws and left with his wife and son Manoj aged 2 years for his native village Balapura in Tonk District around 11.00 AM. On 9.7.2003, Ram Swaroop Khati (PW12) found two dead bodies in the well of his agriculture field and submitted written report (Ex.P8) to Police Station Nagar Fort. Gopal Lal, ASI (PW10) in the presence of motbir witnesses prepared the panchnama of the dead bodies of one woman and child respectively vide Ex.P1 and Ex.P9. Two chappals were also seized from the well vide seizure memo Ex.P12 and the site plan was prepared vide Ex.P11.

(3.) The deceased was ultimately discovered to be wife of the accused-appellant and daughter of Jagannath (PW2). Jagannath (PW2) submitted a written report (Ex.P2) to SHO Police Station Nagar Fort, District Tonk. The date indicated in the original report was 10.7.2003, but the police has registered first information report at 2.00 AM i.e. after midnight on 12.7.2003. As per the endorsement made at the back of the FIR, copy thereof was sent to the Magistrate on 12.7.2003, though no time has been indicated. The police after investigation filed challan against the accused-appellant. The prosecution produced 21 witnesses and exhibited 21 documents. The accused did not produce any witness in defence, but got two documents exhibited. The learned trial court on conclusion of trial, convicted accused-appellant for offence u/s.302 IPC and sentenced him to life imprisonment. Hence this appeal.