PREM KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment impugned dated 24.4.2009, the learned Additional Sessions Judge (Fast Track) No.2, Pali recorded conviction of appellant-accused Smt. Prem Kanwar for the offence punishable under Section 302 I.P.C. and sentenced her to undergo life term imprisonment with a fine of Rs.5000/- and further to undergo six months' simple imprisonment in the event of default in payment of fine.

(2.) The facts necessary to adjudicate this appeal are that on 19.5.2008 at about 12:30 pm Shri Badri Das (PW-7), father of deceased Smt. Durga, lodged a First Information Report at Police Station, Pali stating therein that his daughter Durga came to his home about 6-7 days earlier from Mandla where she has been married. At about 10:00 am of the same day, she received a telephonic call from phone no.9784436175 and after having little conversation, she left the house conveying to "Rekha", her younger sister that she was going to her aunt's ('Bhua') house. Two persons, namely, Vishnu Das and Kalu Das saw her going towards the dam of water reservoir and she was followed by Smt. Prem Kanwar. Smt. Prem Kanwar was carrying a bamboo basket on her head. After sometime, Ashok S/o. Shri Bhanwar Lal saw dead-body of a woman near dam site on the way and informed about that to the villagers. The villagers recognized the dead body as of Durga. Durga had some quarrel with Prem Kanwar on 18.5.2008 at about 2:00 pm. It was also noticed that on 18.5.2008 Smt. Durga had three calls from phone nos. 9252798721, 9784436175 and 9950395160. From the spot of occurrence a pen and a slip on which name of one Shri Om Prakash Parihar was written, were found. An apprehension was disclosed about killing of Smt. Durga by Shri Moti Singh and his wife Smt. Prem Kanwar.

(3.) On the basis of the information given, a case was lodged and the investigation commenced.