ANANT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated April 26, 1977 the learned Sessions Judge, Jodhpur convicted the accused Anant Ram Under Sections 304, Part Iand 450, IPC and sentenced him to ten years' rigorous imprisonment on the first and five years' like imprisonmnent on the second count. Both the sentences were directed to run concurrently. The accused has comeup in appeal to challenge his conviction and sentence.

(2.) BRIEFLY recalled, the fact and circumstances leading to the prosecution and conviction of the accused are that the deceased -victim Smt. Manjula was the wife of PW 1 Gokul Prasad. Gokul Prasad was employed in the Fire -brigade Unit of the Municipal Council, Jodhpur. The accused was also employed there in the same unit. The accused picked up friendship with Gokul Prasad and started visiting his house. Gokul Prasad started treating the accused his younger brother. At the relevent time in June, 1976 Gokul Prasad was living with his wife and children in Pratap Nagar Colony, Jodhpur. On June 17, 1976, Gokul Prasad left the house and went on duty to Siwanchi Gate, Jodhpur, at about 1.00 P.M. on that day the deceased -victim Manjula was sleeping on the floor of a room in her house along with her three minor children, none above the age of six years. All of a sudden she felt pressure on her chest and neck. She got awake and saw the accused on her chest. He wanted to take liberty with her which she resisted. The accused then pressed her neck and struck blows with a knife on her abdomen and lower parts. There was profuse bleeding from her wounds and the clothes she was wearing got -drenched with it. A few moments later, PW 3 Ku. Sharmila d/o PW 4 Smt. Meera, whose house is situate nearby, came there where Manjula was lying. She saw the victim in a pool of blood. Smt. Manjula told her what had happened with her. Ku. Sharmila went to her mother PW 4 Smt. Meera and apprised her of the situation. PW 2 Subash, who is the son of Smt. Meera (PW 4) was immediately sent to Gokul Prasad (PW 1). Gokul Prasad came to his house and saw Smt. Manjula lying on the floor of the room. She apprised him of the incident. Gokul Prasad immediately took her in a three -wheeler auto -rickshaw to M.G. Hospital, Jodhpur. She was admitted therein for treatment. It was then near about 4.00 P.M. At about 4.30 P.M., the Police Station, Soorsagar was informed on telephone about the injured condition of the victim and her being admitted in the hospital for treatment. The Station House Officer Pepsingh (PW 9) immediately reached the hospital at about 5.00 P.M. Smt. Manjula was then unconscious. She regained consciousness at about 7.00 P.M. The SHO Pepsingb recorded her statement Ex. P 1 in which she narrated the whole incident. The police treated Ex. P 1 as the First Infomation Report and registered a case thereunder. The victim's injuries were examined at about 3.40 P.M. on June 17, 1976 by the Medical Jurist Dr. R.K. Gehlot (PW 5). He noticed the following injuries on her person:

(3.) I have heared Shri M.M. Singhvi, learned Counsel appearing for the appellant and Shri L.S. Udawat, learned Public Prosecutor. I have also gone through the case file carefully.