RAJESH SUTHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MURDER is a serious offence in which compromise is not permissible but because of the poverty of the relatives of the deceased lady, almost all the witnesses have turned hostile in this case and the prosecution story hinges upon the statement of the Investigating Officer only. Relying upon the statement of Investigating Officer only, the learned Additional Sessions Judge No.4, Jodhpur Metropolitan, in Sessions Case No. 38/2012 titled as State v. Rajesh Suthar, has convicted accused Rajesh on 7.6.2013 for the offence under Section 302 of Indian Penal Code and he has been sentenced to life imprisonment with a fine of Rs.1000/ -. In default of payment of fine, it has been ordered that the accused will have to suffer six months' additional simple imprisonment. This appeal has been filed by accused Rajesh against the aforesaid judgment.

(2.) WE have heard both the parties and we have also perused the record of the case.

(3.) PW -4 Shyam Lal s/o Bhanwar Lal has also been declared hostile. He denies the contents of police statement Ex.P.13. He says that both the parties have compromised the matter. He also states that Panchnama of dead -body was not prepared in his presence and he does not know if accused Rajesh had any doubts on the character of his wife Mst. Santosh. He denies the fact of beating of Mst. Santosh by her husband in his presence.