GHASI RAM ALIASKALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BRIEF facts lodging to this appeal are that PW 1 Pyare Lal lodged an FIR Ex. P 8 on 27th November, 197 , at Police Station, Tapukda, that Ghasi Ram @ Kalu (accused) was resident of this village. The sister-in law (SALI) of Ghasi Ram, whose age was 7-8 years, had come to the house of Ghasi about two months back. Yesterday, is 6th November, 1979, in the morning the accused had brought his sister in-law from his house to leave her at her parent's house. The accused, however, did not take her sister-in-law to her parent's house and killed her in a nearby Nala He did not know as to in what manner the accused had killed his sister-in-law. The dead body of Sunita was brought by the wife of the accused. It had been further mentioned in the FIR by the informant that when he came back in the night for making a report at 10. 00 then Panci, Dwara Ram Matadin s/o Kudia Harijan and his own mother Shanti and other villagers informed him about the incident. He, therefore, searched the Sarpanch Ayub Khan in the night for making a report but he could not be tracted. He waited for the Sarpanch but he had not returned till then as such it is stated that the informant himself thought it proper to lodge the report. The accused had ran away from the Nala and was seen running by the villagers. The police registered a case under section 302 IPC and PW 10 Sita Ram Station House Officer went on the spot and recovered the dead body of Km Sunita vide Ex. P 5 from the house of the accused and prepared Panchnama Ex. P7. The post-mortem of the dead body of Km Sunita was conducted by Dr. R. L. Agrawal PW 7 and he prepared post-mortem report Ex P 13 Dr. Agrawal found the following three external injuries on the body of the deceased; 1. Bruice 4" x 1" on right side of face 2" way and parallel to the angle of right mouth. 482

(2.) BRUICE 1, 1/2" x 1" on left side of face just below the lobule of left ear.

(3.) I have given my careful consideration to the arguments advanced by learned counsel for both the sides and have thoroughly perused the record. I have gone through the statement of PW 1 Pyare Lal, PW 2 Dwari Bai, PW 3 Shanti Bai (declared hostile), PW 4 Runia, PW 3 Matadin (declared hostile), Poona PW 6, Dr. Agarwal PW 7, PW 8 Ram Singh, PW 9 Bakhat Ram, PW 10 Sita Ram S. H. O. and PW 11 Akram Prakash A. S. I.