RATTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused stands convicted by the learned Additional Sessions Judge, Jhalawar, Camp Aklera (Raj.) under the judgment dated 27th Nov., 1992, under Sec. 302 Indian Penal Code and has been sentenced to undergo imprisonment tor life and to pay a fine of Rs. 500.00 (in default, further to suffer two months rigorous imprisonment).

(2.) Deceased-Roopa Bai was the wife of the accused appellant, she was aged about 65 years and was blind. The accused appellant is also an old person, and is also aged 65 yeas. He is also handicapped as it appears from the arrest memo - Ex.P. 10 wherein it has been Stated that there is thinning of the right leg from the knee upto the ankle. The accused appellant alongwith his wife (deceased-Roopa Bai) and his sons and other members of his family used to reside in village Nana Khera under Police Station-Ghatoli, Distt. Jhalawar.

(3.) The case of the prosecution is that deceased-Roopa Bai was of old age and being handicapped there was quarrel between the accused appellant and his wife deceased-Roopa Bai, who, as said earlier, was blind. On 27.12.1991 being a Friday, there was some quarrel between the accused appellant and the deceased (wife of the appellant) and the accused is said to have told his wife-Roopa Bai (deceased) that she being blind was unable to cook food for him and he has not been provided the food in time and is dependent on others. The deceased also said that both are unlucky. There was some quarrel between them on this issue and it is alleged that the accused appellant took an axe and gave a blow on the neck of deceased-Roopa Bai, as a result of which died. A report of the incident was lodged on the same day at 5.00 p.m. by Amar Singh (PW - 1), the son of the accused appellant. A case was registered and after investigation, a charge-sheet was filed against the accused. The accused pleaded not guilty and came out with the case that he has been falsely implicated by his sons. The learned Additional Sessions Judge convicted and sentenced the accused appellant as indicated above.