DULLA SINGH @ JERNAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Dulla Singh @ Jernail Singh, is aggrieved by the judgment dated 11.12.2004 passed by the Additional Sessions Judge (Fast Track) No.1, Alwar, whereby the learned Judge has convicted him for offence under Section 302 IPC. By an order of even date, the learned Judge has sentenced him for life imprisonment, imposed him with a fine Rs.5000/- and directed him to undergo a further sentence of one year of rigorous imprisonment. However, the learned Judge has acquitted the appellant for offence under Section 498A IPC.

(2.) Briefly, the facts of the case are that on 20.4.2004, the Police Station Shivaji Park, Alwar received a telephonic information that there is a dead body of a woman lying amongst the bushes in Rajwat Ka Grounds. Upon receiving this information, ASI, Chiranji Lal (P.W.2), left for the place. The police looked for the relatives of the dead woman. But they could not locate anyone. Therefore, Keshav Chand Somwanshi (P.W.1) submitted a written report (Ex.P.1) wherein he claimed that he is a resident of Ranjeet Nagar and lives in front of Kalunathji Ki Bagichi. Near his house, there is a field covered with Rajwat (bushes). This morning people told him that there is a dead body of a woman lying amongst the bushes. Therefore, persons of Ranjeet Nagar and Transport Nagar, and he went to see the dead body. The dead body is about two to three days old. The face and the hands have been eaten by dogs. On the basis of this report, the police prepared an Inquest Report (Ex.P.3) and the site plan (Ex.P.17). The doctors were called in and the post-mortem was conducted at the site itself by Dr. Phool Singh (P.W.4). From the site, the police also recovered a Salwar, a jumper, a pair of anklets and a pair of Hawai Chappal. The cremation of the unknown body was also carried out. After reaching the police station a Mrig FIR, namely Mrig FIR No.7/2004, under Section 174 Cr.P.C. was chalked out; the investigation commenced. The information with regard to discovery of a body of an unknown woman was published in the local newspaper.

(3.) On 23.4.2004, Smt. Surendra Kaur (P.W.6), the mother of the deceased, Smt. Virendra Kaur (P.W.5), the sister of the deceased, and Dalbir Singh (P.W.13), the father-in-law of the deceased, reached the Police Station Shivaji Park. Seeing the clothes recovered from the dead body, they identified the dead body as that of Jaswant Kaur W/o. Dulla Singh @ Jernail Singh, the appellant before this court.