TOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgement dated 29-9-86 passed by the learned District and Sessions Judge. Jalore in sessions case No. 37/85 by which he found Tola Ram @ Tolia guilty for the offence u/S. 302, IPC and sentenced him for life imprisonment and a fine of Rs. 100/- and in default to further undergo one month's simple imprisonment.

(2.) According to the prosecution story it is alleged that on 26-9-85 at about 9.30 a.m. Thakra Ram, real brother of accused appellant Tola Ram, lodged a written report at Police Station Ahore stating therein that his real brother Tolia who is living separately with him had committed murder of his wife by causing injuries on her neck and head by an axe. According to the FIR lodged by his real brother, it is alleged that for some time accused appellant was mentally depressed and emotionally surcharged. It is further disclosed in the FIR that the dead body of deceased Bhikhi is lying in pool of blood in the ori (inner room) of the house of the accused appellant and her blood has also spilled in the courtyard.

(3.) On the basis of written report Ex. P 1, a formal FIR Ex. P/14 was drawn at Police Station Ahore and investigation commenced.