SONWARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a jail appeal by accused Sokwaria against the judgment of the learned Sessions Judge, Banswara dated October 4, 1979 convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life with a fine of Rs. 50/ -, in default of the payment of fine to further undergo one month's simple imprisonment.

(2.) BRIEFLY stated, the prosecution case is that the deceased -victim Mst. Hakri aged about 22 years was married to the accused and was living with him in his village Jookwara. A fortnight before the day of occurrence (March 17, 1979) she went to village Khendakana Mauja Basieda to see her parents. The distance between these two villages is nearly of four miles. In the afternoon of March 16, 1979 the accused went with a naked sword in his hand to his in -laws house to bring his wife with him. He stayed there in the night Next day, the deceased's father PW. 1 Rukia left the village to go to some other village leaving instructions to his wife PW. 2 Mst. Baji to perform the Auna ceremony and send the deceased with the accused. In the afternoon of March 17, 1979 the accused and the deceased Mst. Hakri left her parent's house. She was then wearing silver Hankri, silver Karas and silver Gajras. In the way they stayed for sometime at the house of PW 16 Galba in village Palikua and took water there. The accused was also then having a naked sword with him. The couple proceeded further. PW. 3 Shambhura met them in the way out side his village. There was an exchange of pleasantary between him and the accused. The accused and the deceased proceeded further. Next day in the morning, the dead -body of Mst. Hankri was spotted in the field of PW. 11 Ramsingh near his threshing floor by PW. 5 Manji. Hs informed his elder brother Ramsingh. PW. 9 Veerji, who had also seen the victim's dead body lying in the field, went to Police Station, Lohiriya and verbally lodged report Ex. P.13 at about 8.00 P.M. on March 18, 1979. A case was registered and the investigation was taken up. The Station House Officer Fatehsingh (PW. 15) arrived on the spot and prepared the inquest report of the victim's dead -body and he also inspected the site and prepared the site plan. There were multiple injuries on the victim's dead body and the clothes she was wearing were found drenched with blood. Four silver and some rubber bangles were found in the hands of the deceased -victim Hakri. The post mortem examination of the victim's dead body was conducted at about 9.30 A.M. on March 19, 1979 by PW 13 Dr. Manohar Lai, the then Medical Officer Incharge, Primary Health Centre, Ganora. The doctor found the following antemortem injuries on the victim's dead body:

(3.) WE have heard the learned amicus curiae Shri J.L. Purohit and the learned Public Prosecutor Shri Niyazuddin Khan. We have also gone through the case file carefully.