RAM SWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 22-4-1991 passed by the learned Additional Sessions Judge No. 2, Hanumangarh, Camp Suratgarh in Sessions Case No. 17 / 1987 (State v. Ram Swaroop) by which he found the appellant guilty of offence under Section 302, IPC and sentenced him to imprisonment for life and a fine of Rs.500 - and in default of payment of fine he is to further undergo six months' R.I.

(2.) Put the facts briefly of the prosecution are as follows: A verbal information was given by DW 8 Chet Ram at Police Station, Pilibanga on 11-1-1987 at 2.15 p.m. on the basis of which formal FIR Ex. P/ 12 was registered and drawn at said Police Station. According to the version disclosed in the first information report it is alleged that the appellant, who was a Doctor by profession, was living with his family at village Suratgarh. The first informant claimed that when he was returning from his field to come for taking his meals and reached near the house of appellant, number of persons were found to have assembled there and that wife of Ram Swaroop appellant was lying on the ground and her head was badly injured and she was profusely bleeding. It is said in the FIR that in that assenbly P.W.l. Birbal Ram, P.W.5 Daulat Ram, P.W.4 Jalaluddin, Surendra Pal Singh, Nathu Ram, P. W. 2 Rati Ram and .P. W. 6 Brij Lal were present. On enquiry Ram Swaroop appellant is said to have stated that since his wife did .not pay any heed to his instructions, hence he had killed her by 'Ghota'. According to the first informant the appellant Ram Swaroop said to the first informant to inform the police as well as the members of his family. Thereafter appellant Ram Swaroop was repremanded by the persons present in that assembly. A blood stained 'Ghota' was also lying near the dead body. .

(3.) On the basis of the aforesaid information, a case under Section 302, IPC was registered vide FIR No. 12 of the said date and formal FIR was drawn. During the course of investigation site plan Ex. P/4 and site memo Ex. P/ 4-A were prepared. The 'fard surate hal' (memo of dead body) was also prepared which is Ex. P/ 5. Clothes were seized which is Ex. P/ 10. Postmortem of the dead body was conducted by P. W. 3 Dr. J.P. Swamy.