MANA RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) To challenge the correctness of the judgment dated 17.3.2007 whereby the learned Addl. Sessions Judge (Fast Track), Jalore has sentenced the appellant accused for life imprisonment under Section 302, Indian Penal Code along with a fine of Rs.1,000/- and, in default of payment of fine, to further undergo one year's rigorous imprisonment, the present appeal has been filed by the appellant through jail.

(2.) Brief facts are that the appellant accused Mana Ram was married to deceased Smt. Sugi about 20 years prior to the date of incident. Mana Ram was in the regular habit of consuming liquor and beating his wife thereafter. Two brothers of Smt. Sugi, namely, Bhura Ram and Kana Ram went to visit Mana Ram and their sister on 13.11.2006 and also to advise him not to illtreat their sister. Mana Ram assured the two brothers that in future he would not do so. Thereafter, both Kana Ram and Bhura Ram spent the night in the house of the Sarpanch of the village Shri Chamna Ram. On 14.11.2006, the next day itself, around 7.00 a.m. in the morning, they heard loud voices and abuses coming from the direction of the Mana Ram/Smt. Sugi's house. On hearing the voices, both Kana Ram and Bhura Ram ran towards the house of the deceased. On reaching there, they saw that Mana Ram was sharpening his axe and immediately thereafter, he inflicted an axe injury on the neck of Smt. Sugi. On receiving the axe injury on the neck, Smt. Sugi fell down and a second injury was inflicted upon below the ear of the deceased while she was still lying on the ground. After inflicting injuries, the appellant accused escaped.

(3.) The police was immediately informed who arrived at the scene and prepared a report. The report is Ex.P.1 on the record. The police prepared the site plan, took samples of mud, prepared Panchnama of the dead body, prepared memo of description of dead body. The appellant accused was arrested thereafter. Due procedure was followed and after completing the investigation a police report as per Section 173 Code of Criminal Procedure was filed before the court of learned Judicial Magistrate who committed the case to the court of Sessions being sessions triable.