NARAYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed to challenge the judgment dated 26.10.2004 passed by learned Additional Sessions Judge (Fast Track), Jalore recording conviction of accused Narayan Singh for the offence punishable under Section 302 Indian Penal Code and awarding sentence to undergo life term imprisonment with a fine of Rs.1000/- with default stipulation.

(2.) The factual matrix necessary to be noticed is that Shri Kapuraram, real brother of accused Narayan Singh, submitted a written report (Ex.P/2) at Police Station Nosra on 12.6.2004 with assertion that at about 02:00 PM of the same day Shri Narayan son of Udaji came to him and conveyed that at about 01:00 PM while plowing his agriculture field he heard a loud scream, thus, rushed towards the hamlet of the informant where he found accused Narayan Singh coming out. Narayan Singh stated that he has killed his wife Smt. Poora being a lady of easy virtues. As per the informant, accused Narayan Singh was a person of lethargic tendencies and was in habit to remain under intoxication.

(3.) On basis of this information a case was lodged and after usual investigation a police report was filed before the court competent. The case being sessions triable was committed to the court of Sessions. The court after affording an opportunity of hearing to the accused charged him for an offence punishable under Section 302 Indian Penal Code. On denial of the same trial commenced as desired.