FOJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30/05/1985, passed by the Sessions Judge, Jalore, by which the learned Sessions Judge convicted and sentenced the accused-appellant Foja Ram for the offences under Sections 302 and 324, I.P.C.

(2.) The incident which led to the prosecution of the appellant took place on 23/10/1983, at about 7.30 a.m. in the house of the accused in village Samrau where the accused appellant murdered his wife Smt. Sunder Kaur. The report of the incident was lodged at Police Station, Sanchore, by PW 4 Harsan - the Sarpanch of the village - at about 9.30 a.m. The case of the prosecution is that accused and the deceased used to quarrel with each other on flimsy grounds. The quarrel took place in the night of 23/10/1983, and in the morning, the accused took up a Farshi and inflicted injury on the head of Sunder Kaur by asking that she administered poison to him in the night. The handle of the Farshi broke and thereafter the accused took-up a Lathi, which was lying nearby, and inflicted four more injuries on the head and neck of the deceased Sunder Kaur. Sunder Kaur succumbed to these injuries. The prosecution, in support of its case, examined ten witnesses. PW 1 Popat is the son of the accused, PW 2 Miss Dadam is the daughter of the accused, PW 3 Jetha is the milkman who was passing by the lane when the accused was giving beating to the deceased, PW 5 Hansa and PW 6 Bhanwar Lal are the two eye witnesses of the incident, who had seen the accused giving beating to the deceased. PW 4 Harsan Singh is the Sarpanch of the village, to whom Jetha (the milk-man) narrated the whole incident and who after being informed by Jetha went to the house of the accused, saw the deadbody of deceased Sunder Kaur and thereafter went to the Police Station and lodged the report at Police Station, Sanchore. He is, also a witness of Ex. P.2 the site plan and Ex. P.3 the Fard Surat Haal Lash. PW 7 Dr. Mohan Lal Doshi conducted the post-mortem on the deadbody of deceased Sunder Kaur and found five injuries on her person, which according to the doctor, were sufficient in the ordinary course of nature to cause her death. PW 8 Mool Dan is the constable who took the sealed articles for F.S.L. examination to Jaipur. PW 9 Swaroop Singh is the Station House Officer. PW 10 Paras Ram is the Motbir witness, in whose presence the Fard Surat Haal Lash and the site plan were prepared. He is, also, a witness to the recovery of the clothes of deceased Sunder Kaur, which were recovered vide Ex. P4. He is, also, a witness to the arrest of the accused who was arrested vide Ex. P5. The prosecution, also, placed reliance over twelve documents. The learned Sessions Judge, after trial, convicted the accused for the offence under Section 302, I.P.C. and sentenced him to rigorous imprisonment for life and a fine of Rs. 100.00 and in default of payment of fine to further undergo one month's rigorous imprisonment for the offence under Section 302, I.P.C. The learned Sessions Judge, also, convicted the accused-appellant for the offence under Section 324, I.P.C. and sentenced him to rigorous imprisonment for six months. Both the sentences were directed to run concurrently. It is against this judgment dated 30/05/1985, passed by the learned Sessions Judge, Jalore, convicting and sentencing the accused-appellant that the appellant has preferred this appeal.

(3.) The prosecution case rests on the statement of five eye witnesses, viz., PW 1 Popat, PW 2 Miss Dadam, PW 3 Jetha, PW 5 Hansa and PW 6 Bhanwar Lal. The evidence of all these eye witnesses is sought to be corroborated by the evidence of PW 7 Dr. M. L. Doshi, who conducted the post-mortem and found five injuries on the person of the deceased, as well as from the statement of PW 4 Harsan the Sarpanch of the village and PW 10 Paras Mal.