GIRRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed under section 374 Crimial P.C. against the judgment dated 21.2.2004 passed by the Additional Sessions Judge (FT) No.4, Jhalawar In Sessions Case No. 154/2003 whereby the accused - appellant has been convicted and sentenced as under:-

(2.) The brief facts giving rise to the instant appeal are that the accused appellant himself submitted a written report Ex.P/21 at Police Station - Sarola Kalan on 30.6.2003 at 9.15 AM with the averments that on the last night at about 10.00 PM, after taking his meal, he went to his floor mill and slept there and his wife and two children were sleeping at home. In the morning at about 5.30 AM, he went to Roop Singh for tractor at Akawat Khurd and he returned back to his house at about 6.30 AM, he saw that the gates of the house were opened and locks were broken and belongings were scattered. He went at the terrace and found that both the children were sleeping. On enquiry, both the children started weeping. He left his children at Jagdish Gurjar's house and went to Police Station to inform about the facts that locks are broken and his wife is missing. He lodged missing report and when he returned to his village, Mangi Lal son of Ratna Bairwa informed him that the dead body of his wife is lying in the Kalam Wali Khal. Then, accused appellant with other villagers went at the spot and found that the dead body of his wife Suresh Kanwar was lying there having sharp edged injuries on her head, neck and abdomen etc. Further contention was that he was having dispute with his brothers regarding the land as they are not allowing him to cultivate the land and due to this enmity, Bhanwar Singh, Govind Singh, Banti and Gokul Singh have murdered his wife. On this report, FIR No. 123/2003 has been registered for the offence u/s 302/34 IPC. During the investigation, the accused appellant who was the complainant in the case was arrested and after the completion of investigation, charge - sheet has been filed against the present appellant and the case was committed to the Sessions Judge, Jhalawar and was transferred to the Additional Sessions Judge (FT) No. 4, Jhalawar. The Court below framed the charge against the accused appellant u/s 302 IPC. He pleaded innocence and claimed for trial.

(3.) To prove its case, prosecution has examined PW/1, Dr. Satyaveer Singh Rajawat, PW/2 Rekha Kanwar, PW/3 Lad Kanwar, PW/4 Bhanwar Lal, PW/5 Babu, PW/6 Sardar Singh PW/7 Jagdish, PW/8 Sobhag Singh, PW/9 Jagdish Singh, PW/10 Mangi Lal, PW/11 Mahendra, PW/12 Chhitar Singh, PW/13 Gopal, PW/14 Roop Singh, PW/15 Bhanwar Singh, PW/16 Gulab Chand, PW/17 Radha Kishan, PW/18 Shabbir Mohammad, PW/19 Janaki Lal, PW/20 Rajaram, PW/21 Pratap, PW/22 Bhojraj, PW/23 Bal Kishan, PW/24 Kalu Lal, PW/25 Kaushal Kumar, PW/26 Prem Kanwar, PW/27 Akhe Raj Singh and PW/28 Bajrang Lal and also relied on Ex. P/1 to Ex. P/31. Statement of accused appellant ha - been recorded u/s 313 Crimial P.C. No documentary or oral evidence in defence has been produced. After conclusion of the trial, the present appellant has been convicted and sentenced as stated above. Hence this appeal.