BHERUNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Udaipur dated 15-4-1994, whereby the learned Sessions Judge has held the accused-appellant Bherunath guilty of the offence under Sec. 302 Penal Code and has sentenced him to imprisonment for life.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are : that deceased Chunnilal is alleged to be the brother-in-law of accused Bherunath. It is alleged that a dead body was found floating in the well of accused Bherunath, which was giving foul smell and, therefore, accused Bherunath informed the villagers about this. On this, certain, villagers assembled at his well and sent an information about it to the Police and thereafter, took out the dead body from the well. Certain photographs of the dead body were taken. It is further alleged that the villagers who were assembled there identified the dead body to be that of deceased Chunnilal, brother-in-law (looser) of accused Bherunath. It is alleged that deceased Chunnilal was born out of a wed-lock between the father-in-law of accused Bherunath and a Gameti lady and accused Chunnilal also contacted marriage with a Kalbeliya lady and, therefore, accused Bherunath felt insulted on account of the parentage and relations between deceased Chunnilal and Kalbeliya lady and so, after killing Chunnilal, accused Bherunath threw him in his well after tying two stones weighing about 20 kgs. in his Dhoti. It is further alleged that the towel of PW 5 Bheema which was in possession of accused Chunnilal was recovered from the possession of accused Bherunath. PW 5 Bheema has also identified the dead body of Chunnilal from the photographs. Later on, it is alleged that accused Bherunath confessed his guilt that he has killed Chunnilal because he was born out of the wedlock of his father-in-law and a Gameti lady and further he married with a Kalbeliya lady. Hence, after usual investigation, accused Bherunath was sent for trial. After recording the evidence, the learned Sessions Judge has held the accused-appellant Bherunath guilty of the offence under Sec. 302 Penal Code and has sentenced him to imprisonment for life.

(3.) Aggrieved against this judgment of the learned Sessions Judge dated 15-4-1994, the accused-appellant has preferred this appeal.