LALA RAM@ LALIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by the accused appellant Lala Ram @ Laliya S/o Pema Ram R/o Pali under Section 374 Cr.P.C against the judgment dated 17.09.2008 passed by learned Additional Sessions No.2, Pali in Sessions Case No. 53/2007 (52/2007) whereby, the accused appellant was convicted for offence under Section 302 and 201 IPC and following sentence was passed against him : - OFFENCE PUNISHMENT 302 IPC Life imprisonment with Rs. 5000/ - fine and in default of fine, to undergo six months simple imprisonment 201 IPC 3 years rigorous imprisonment and fine of Rs. 1000/ - in default of payment of fine, to further undergo one month simple imprisonment

(2.) AS per facts of the case, a written COMPLAINT Ex.P/8 submitted by the Sub Inspector Manohar Ram at Police station Industrial area, Pali on 28.09.2007 in which it was stated that on 27.09.07 at about 9PM, an information was received by him that accused appellant Lala Ram @ Laliya is taking the dead body of his wife Santosh in Maruti Van No. RJ - 22 T -0089 to unknown place. Upon said information, the complainant Manohar Ram, Sub Inspector alongwith Gopa Ram and Bheem Singh, Head constable 842, Om Prakash Head constable No. 185, Lady Constable Kamlesh No. 1225 went on the spot in Vehicle RJ -22 -UA -0374 driver by Gamna Ram and reached in front of the house of accused Lala Ram @ Laliya at about 9:15 PM situated in Arvodaya Nagar, Pali where one Maruti Van No. RJ -22 -T -0089 was standing and Lala Ram @ Laliya and his brother Deva Ram were sitting in the vehicle and body of one lady was also lying on the seat. Upon inquiry it was informed by the accused Lala Ram @ Lalia that lady who is lying upon the seat is his wife Santosh.

(3.) UPON search of body, it is found that there were injuries upon neck and upper side of left eye of Santosh and no satisfactory reply was given by Lala Ram for the injuries, therefore, the Maruti Van and body of lady Santosh were taken to Government Bangaur Hospital, Pali where the doctor on duty declared that Santosh has already died.