SEEMA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED -appellant Seema Sharma 7 -8 years before the occurrence was married with deceased, Ramesh @ Raghunandan. Seema Sharma was employed as a teacher whereas 3 -4 years after marriage deceased Ramesh @ Raghunandan remained unemployed. Out of their welock, two sons namely Vaibhav Sharma and Harshit @ Situ were born. From last three years married couple alongwith two children were residing in a rented premises at Moti Colony, Chhabra. Lekhraj (P.W.6) and Smt. Shakuntala (P.W.5) had rented the premises to the deceased and the appellant and have appeared in the court as landlord and landlady. On 23.4.2006 from the room of rented premises at Moti Nagar, Chhabra, dead body of Ramesh @ Raghunandan was found. As per medical evidence, he died due to strangulation. Appellant was charged for offence under Section 302 IPC for having committed murder of her husband Raghunandan Sharma by way of strangulation. Appellant denied the charges and claimed trial. The court of Additional Sessions Judge (Fast Track), Baran vide impugned judgment dated 23.4.2008 held the appellant to be guilty of offence under Section 302 IPC and vide order of even date, sentenced her as under: -

(2.) HENCE , the present appellant has instituted the present appeal to assail her conviction and sentence awarded by the trial court.

(3.) RAMKARAN (P.W.20) on 2.5.2006 presented a written complaint (Ex.P.11) on the basis of which formal FIR (Ex.P.12) bearing FIR No.122/06 was registered. Before presentation of the written complaint (Ex.P.11) on the basis of which formal FIR (Ex.P.12) was registered, Rakesh Sharma (P.W.16) nephew of deceased Ramesh @ Raghunandan had presented an application (Ex.P.10) before the SHO, Police Station Chhabra. In the said application, Rakesh Kumar Sharma (P.W.16) stated that in morning from Chhabra he received a telephonic call from his uncle's landlord Vishnu Prasad (P.W.1) that condition of Raghunandan had deteriorated, therefore they should immediately reach Chhabra. The witness reached at Chhabra and found that condition of Raghunandan was precarious and he was unconscious. They immediately brought Raghunandan to Baran. In the hospital, doctor declared him dead. At Chhabra, Rakesh Kumar (P.W.16), Bhanwarlal Sharma (P.W.17), Vishnu Prasad Sharma (P.W.1), Radhyshyam Sharma (P.W.13), Mahesh Sharma (P.W.4) had gone in a Jeep. It was further stated in Exhibit -P.10 that Rakesh Kumar (P.W.16) was not aware regarding cause of death. He further stated that he had no suspicion against anybody and to him it seemed to be a case of natural death. The above said information was noted in the police diary register on 23.4.2006 at 3.10 PM.