JAGDISH ALIAS JAGOO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS jail appeal under Section 374 of the Code of Criminal Procedure is directed against the judgment dated 24. 1. 2002 passed by Additional Sessions Judge, Fast Track No. 2, Dholpur in Sessions case No. 118/2001 by which the accused appellant Jagdish @ Jaggo was convicted for the offence under Sections 302 & 307 of Indian Penal Code and sentenced as under:- Under Section 302 IPC : Life imprisonment and fine of Rs. 1,000/-, in default of payment of fine to further undergo six months simple imprisonment. Under Section 307 IPC : Five years rigorous imprisonment and fine of Rs. 500/-, in default of payment of fine to further undergo three months simple imprisonment. Both the substantive sentences were ordered to run concurrently.

(2.) IN short the brief facts giving rise to this appeal are that on 9. 6. 1996 at 2:15 am `parchabayan' of Mst. Santo (PW. 10), wife of the deceased Rambharosi was recorded to the effect that her widowed daughter Guddi was remarried (nata) with Jagdish but on account of torture by Jagdish she left the house of Jagdish and started living with Ramesh of village Nagar. It is further stated that day before yesterday Jagdish came at her house and stayed with them. Yesterday night, Jagdish went from the house saying that he is going to watch movies. Thereafter she and her husband slept near the door. At about 1'o clock in the night Jagdish returned and slept there. About half an hour later, Jagdish got up and inflicted 2-3 blows by `baank' (sharp edged weapon) on her husband in order to kill him. When she tried to save her husband, accused jagdish caused injuries to her also by the same weapon. On her hue and cry, Deviram, Gopal, Mukesh came and thereupon Jagdish fled away. Her husband died at the spot.

(3.) ACCORDING to PW1 Dr. R. C. Goyal the cause of death was shock due to excess bleeding caused by cutting of cartridge vessel right side. Thus, from the medical evidence, it is clear that death of deceased Rambharosi was not natural but homicidal one.