NAINA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY judgment impugned dated 30.5.2013 learned Additional Sessions Judge, Dungarpur recorded conviction of accused Naina @ Nainiya for the offences punishable under Sections 302 and 201 Indian Penal Code and awarded sentence as under: - -

(2.) SUCCINCTLY , facts of the case are that a first information report at the instance of Shri Dhania was lodged at Police Station Aspur in the morning at about 08:00 AM on 13.10.2011. On basis of the first information report aforesaid a case was lodged against the accused appellant for the offences punishable under Sections 302 and 201 Indian Penal Code. As per the facts stated in the first information report at about eight years earlier Smt. Bachi, sister of informant Dhania, entered into a wedlock with accused Naina. The accused was in habit of ill -treating his wife and he used to beat Smt. Bachi mercilessly. On 13.10.2011 Shri Dhania received a telephonic information from Shri Ganga, brother of accused Naina @ Nainiya about some ill -happening at the residence of accused. Informant was advised to reach at the place of incidence as soon as possible. On arriving at the residence of accused, Shri Dhania found dead body of his sister hanging on a wooden beam. The body was having several visible injuries.

(3.) THE prosecution supported its case with the aid of 17 witnesses including Dr. Kamlesh Kumar Gupta (PW -13), Dr. Sandeep Agrawal (PW -4), Shri Hanuwant Singh (PW -12), the Investigating Officer, and Shri Nand Kishore Verma (PW -11), Deputy Inspector of Police, Police Station Sagwara. The prosecution also got 26 documents exhibited. An opportunity was given to the accused as per Section 313 Code of Criminal Procedure to explain the adverse and incriminating circumstances against him available in prosecution evidence. The accused accepted the fact of his marriage with deceased Smt. Bachi and her death on 13.10.2011, but pleaded ignorance about other evidence adduced by the prosecution. In defence statements of Shri Chhogia (DW -1) and Bheema (DW -2) were recorded. A document Ex. D/1 i.e. certified copy of 'Malkhana Register' was also exhibited.