JETA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this cr. appeal filed under Section 374 of the Cr.P.C. the accused appellant is challenging the judgment of learned Sessions Judge, Pali passed in Sessions Case No. 52/2011 dated 13.3.2012 whereby the accused appellant was convicted for offence under Section 302 IPC and sentence for life imprisonment was imposed alongwith fine of Rs. 5,000/ -, in default of payment of fine to further undergo six months SI.

(2.) AS per facts of the case on 31.12.2009 at about 1.30 pm PW - -16 Nawa Ram submitted a report at SHO Police Station Guda Endla, District Pali in which it was alleged that his Nata marriage was solemnized before 3 -4 months with deceased Kuri D/o Chatara Ram Jawana Choudhary. Today at 9'O Clock he went to village Jawali for domestic work, and his wife Smt. Kuri was in his house. It is further stated in the FIR that at about 12'O clock when his wife Kuri was going for toilet alongwith his younger brother PW - -15 Saka Ram in the Gadoliyon Ki Gali, at that time, near the house of Joga Ji Gadoliya the accused Jaita Ram S/o. Chatara Ram came there with axe in his hand and assaulted his wife but his wife Kuri run away and entered in the house of Joga Ram Gadoliya but accused Jaita Ram chased her and in the "Chowk" of Joga Ram's house inflicted one injury upon the head of his wife Kuri by axe in presence of Joga Ram's wife PW -4 Hanja and PW -5 Bachu raised voice and cry. His brother PW -5 Saka Ram was also on the spot, but Jaita Ram run away from the site of occurrence while taking axe in his hand towards Samni Nadi. The PW -5 Saka Ram take care of his wife but she died on spot. As per the complainant, this information was received by him on mobile call of unknown person.

(3.) UPON aforesaid information the SHO Police Station Guda Endala registered the FIR No. 197/2010 (Ex. P -26) and commenced investigation. In the investigation accused appellant was arrested vide Ex. P/1 on 31.12.2009 at 9.00 pm in the police station itself and upon his information given under Section 27 of the Evidence Act, the axe was recovered vide Ex. P/11 in front of 2 witnesses Ramesh Kumar and Malam Singh on 2.1.2010 at about 2.35 am. The body of the deceased Smt. Kuri was taken to the hospital for post mortem. The medical officer of Primary Health Center, Gundoj, District Pali conducted the post mortem and gave its report Ex. P/16 on 31.12.2009. Thereafter, in the investigation, statement of prosecution witnesses were recorded under Section 161 Cr.P.C. by the police and after recovery of articles, the recovered articles were sent to the FSL for chemical examination.