HUKMA @ HUKMICHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT jail appeal has been filed by the convict- appellant through the Superintendent, Central Jail, Udaipur to challenge the judgment and order of conviction and sentence dated 13.06.2005 passed by the Addl. Sessions Judge, Nathdwara (District Rajsamand) in Sessions Case No.5/2005, whereby, the learned trial Judge convicted the appellant for committing offences under Sections 302 and 201, I.P.C. and sentenced him to undergo life imprisonment along with fine of Rs.2,000/- and, in default of payment of fine, to further undergo two years' simple imprisonment in respect of offence under Section 302, I.P.C. and awarded sentence of rigorous imprisonment for a term of three years and fine of Rs.1,000/-, in default of payment of fine, to further undergo six months' simple imprisonment.

(2.) AS per facts of the case, a complaint was filed by complainant Shyam Lal at Police Station Khamnaur on 30.11.2004 at about 3.15 P.M., in which, it is stated that on 30.11.2004 at about 1.30 P.M. when he was at his residence one Daula Gameti came and informed him that house of Hukma (appellant herein) is closed and locked from outside but upon opening the lock and door when he entered in the house of Hukma, upon inspection, dead body of Dakhudi, wife of Hukma, was lying there. Upon said information received from Daula, the complainant along with Daula came to the house of Hukma and inspect the body and found several injuries on the face, hands and legs of the deceased. As per the complainant, upon enquiry being made, it was found that in the night Hukma and deceased quarreled and Hukma beat her and due to the injuries sustained upon her body Dakhudi died. Thereafter, Hukma while putting lock upon the house went away.

(3.) AFTER investigation the police filed challan against the accused-appellant in the Court of Judl. Magistrate (First Class), Nathdwara from where the matter was committed to the Court of Addl. Sessions Judge, Nathdwara where the trial took place.