MEETHA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused appellant under Section 374 (2) of Cr.P.C., against the judgment dated 25.5.2010 whereby the learned Addl. Sessions Jude (Fast Track) No.2, Pali convicted the accused appellant for offence under Section 302 I.P.C. and following sentence was imposed upon him :-

(2.) As per brief facts of the case, on 10.10.2007 vide Ex.P.18, the Executive Magistrate (Tehsildar), Pali sent a factual report by post under Section 176 Cr.P.C. to the police Station Sadar Pali in which it was informated that on 08.10.2007, one Smt. Geeta W/o Meetha Lal by caste Sirvi aged 23 years, resident of Mandiya was brought to the Bangar Hospital, Pali for treatment from where information is received that she died. Upon reaching Bangar Hospital, Pali, one Sohan Lal gave information at 4.30 p.m. that his brother's wife died all of sudden in suspicious circumstances. The post-mortem has been conducted in which cause of death is shock due to head injury and at that time PW-16 Rana Ram father of deceased Geeta gave statement and raised suspicion with regard to death of his daughter and prayed that post mortem of the body may be conducted. Upon receiving factual report (Ex.P.18) from Executive Magistrate (Tehsildar), Pali, FIR No.183/2007 was registered at 5.30 p.m. on 10.10.2007 by the SHO, Adarsh Police Station Sadar, Pali and commenced investigation.

(3.) The post-mortem of the body of Geeta was conducted in Bangar Hospital, Pali and statement of PW-16 Rana Ram S/o Mula Ram was recorded under Section 161 Cr.P.C. in which it is alleged by him that on 08.10.2007 in the morning at about 5.30 6 a.m., a phone call was received from deceased Geeta by Mobile No. 9983326898 and Geeta said that in the night her husband Meetha Lal (present accused appellant) assaulted her but Rana Ram asked her that you keep mum and come back home. Rana Ram further alleged that from last one month deceased Geeta was living with him but on 07.10.2007 her husband Meetha Lal (appellant) took her to his house at Village Mandiya. It is also stated that from last 7-8 months, the husband of his daughter Meetha Lal (Present accused appellant) was working with him, on 08.10.2007, at about 12.30 p.m., his daughter Geeta informed on phone that in the last night Meetha Lal assaulted her and caused injuries in front of her eyes and other parts of the body. Upon such information Rana Ram asked accused appellant to send Geeta back to his house but Geeta died in suspicious circumstances. The proceedings under Section 176 Cr.P.C. was conducted and upon raising suspicion by the father of deceased and brother of appellant, the post-mortem was conducted and in the post-mortem report, Doctor gave its opinion that cause of death of Geeta is head injury.