DHULI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MST . Dhuli has challenged her conviction under Section 302 IPC for murder of her husband Kalia.

(2.) ONE Vira reported to the police Station that yesterday when he was grazing his cattle, his sister Dhuli w/o Kalia met him. Dhuli told him that before six or seven days, her husband Kalia had gone to Gujarat. After two days of Kalia's departure to Gujarat, she was sleeping all alone in her house. In the mid -night she heard some noise in the house and saw that one person was taking the gram in his thela. She thought that the thief has come and therfore took out an axe and gave an axe -blow on the neck of that person on account of which he died. Thereafter, she lit the match stick and found that, that person was none -else but her husband Kalia. She was terribly frightened at this and therefore, buried the dead body in the house and did not tell it to anybody in the village. Dhuli said that she has come to tell this incidentstory to Vira only.

(3.) DURING the investigation on the information of Dhuli and at the instance of Dhuli the dead body of Kalia was recovered and the semi -burned pieces of clothes of Kalia were recovered. After the investigation the case was challenged and the Magistrate committed it to the Sessions Court. The Sessions Judge, Banswara after examining the prosecution evidence which consisted of P.W.I Vira, P.W.2 Limba, P.W.3 K.C. Jain, P.W.4 Varji, P.W.5 Vada, P.W.6 Dipa, P.W.7 Prathviraj and P.W.8 Doctor Bajranglal Jahangir who examined the deceased, recorded statement of accused.