JASRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present appeal has been filed by the appellant aggrieved by his conviction u/s. 302 IPC. Sentence of life has been awarded to him by the Court of Addl. Sessions Judge No. 1, Jodhpur in Sessions Case No. 25/99 by judgment dated 29. 3. 2001.

(2.) THE prosecution was initiated on the report lodged by one Memuram on 20. 2. 1999 at 12. 15 a. m. According to the report submitted by the first informant, Ex. 18, the first informant reported to the Police that his sister Nainy was married to Jasraj Bheel about 10 years ago. THEre was a son and two daughters born out of the wedlock. His brother-in-law, accused- Jasraj used to maltreat his sister. About a year before she came to her parental house unable to bear the harassment of her husband. After being persuaded by some persons of the Community, she was sent with the accused.

(3.) THE learned counsel for the appellant, challenging the conviction, has stated that the story of the prosecution is unbelievable. THE extra-judicial confession, as relied on by the Trial Court, is not a piece of evidence which can be said to be of worth, which can be relied upon. In the First Information Report, it is only stated that the confession was made before the first informant. THEre is no whisper about the confession being made before Smt. Kamla and therefore, there is an important omission. Nainy was a lady of such a nature that she never used to fulfill her matrimonial obligations by obeying him. She was a lady of such a character and, therefore, nothing can be said that how her death has been caused because she has been found in a condition which was not an acceptable proposition, in the house at that hour.