DHARMA Vs. STATE

JUDGEMENT

(1.) ACCUSED-appellant Dharma has filed this appeal from Jail against the judgment dated 31st July, 1971 by the learned Sessions Judge, Balotra, The accused-appellant has been convicted under sec. 302, IPC, and sentenced to imprisonment for life, and a fine of Rs 500/-, and in default of payment of fine to undergo further rigorous imprisonment for six months. The accused-appellant was also convicted under sec 323, IPC, and sentenced to one yesr's rigorous imprisonment. Both the substantive sentences were ordered to run concurrently.

(2.) THE prosecution story is that the accused-appellant Dharma was married to Mst. Nenu daughter of Chaitan. Chaitan died and was survived by his widow Mst. Sua. THE marriage of Mst. Nenu with Dharma was performed on the "akha Teej" of Smt. 2023. Ganesh, the younger brother of Mst. Nenu, was married to the daughter of Boda, who is closely related to Dharma. After residing for some time, with Dharma Mst. Nenu came back to her mother, and later on, did not go with Dharma. Mst. Nenu's mother insisted that the wife of Ganesh be sent first, and then Mst. Nenu be taken away. Mst, Sua has also one daughter Anchi who married to Rawta. Rawta was trying to ease the relationship between Dharma and Mst. Sua, Dharma came to Mst. Sua for taking away Mst. Nenu once or twice, but on one pretext or the other Mst. Nenu was not sent. On the last attempt, Mst. Sua told Dharma that as Diwali festival was very near, he may take Mst. Nenu the day following the Diwali. At that time, Rawta was also there. Rawta went away with his wife Mst. Anchi, but Dharma stayed there, Mst. Sua and Mst. Nenu were sleeping in the 'bera' of Raga, while Dharma used to sleep in the house of Mst. Sua. Early in the morning Mst. Nenu came for milching the cattle when the accused-appellant old her that she is evading to go back with him on one count or the other, and that today he shall murder her. THE accused-appellant Dharma then attacked Mst. Nenu with a "kassi" as a result of which she fell down on the ground, and then Dharma caused her death by throttling. Mst Sua also received some injuries while trying to save Mst. Nenu. A report containing these allegations was lodged by Nar Chanda at 8. 30 P. M. on 24-10-1970, at the Police Station, Gida.

(3.) PW/7, Dr. Madan Lal Kalla, who performed the post-mortem examination, has stated that the following injuries were found on the body of Mst. Nenu: - (1) Cut wound on the scalp 6" distant from the base of the nose. It was 2" x 2" x skin deep. (2) Cut wound on the scalp 3" distant from the base of the nose 3" v 2" skin deep sagittally on the vertex. (3) Cut wound on the right palm in between the Index and middle finger. It was 2" x 1/4" skin deep. (4) On the mudial side of the right elbow there was a bruise 3" x 1" with acchy-mosia black in colour and broken on bangles which she was wearing. Nail markings on the neck ever treached with reddish blue acchymosis present. Bleeding external clotted. Eyes protruding out. Pight pupil dilated and left eye eaten by maggets. On the right side chest there is a redish blue occhymosis present wound on the scalp present. Skull not broken, vertibrae healthy. Corresponding the two wounds on the scalp there were bluish redish two sagitally bleeding making on the meninges. Brain had undergone putrefection.