JAGANNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by Jagannath who has been convicted under S. 302, Indian Penal Code and sentenced to imprisonment for life f )r causing the death of none else but his own wife. Jagannath had two wives. One was married having no child. He, therefore, contracted 'nata' with Ghisi, Jeceased, and started living with both of them. After the death of the married wife Jagannath lived only with Ghisi. Ghisi had issues from her earlier husband Nand Ram, namely, Jagadish and Ram Karan. She gave birth to son Babu and daughter Santra They were all living in one house. On 18-5-1977 at 7.00 a, m. Ghisi was injured by Jagannath by knife. Babu was there, who tried to catch hold of Jagannath, but Jagannath ran away. Compounder was called. first-aid wa: given to Ghisi and she was taken to the Took hospital. On 19th May, 1977. at 1 1.5Q a. m, she died in Tonk. Before her death Ghisi was examined by PW/6 Udmao Singh, SHO who recorded her dying declaration in the form of FIR.

(2.) The accused was attested, investigation followed, challan was filed, commitment charge-sheet was read over and the accused denied the charge. The evidence was recorded and after hearing both the parties, the accused-appellant was sentenced under Section 302 Indian Penal Code as stated above.

(3.) There is no doubt nor any challenge has been made, so far as the death of the deceased is concerned, by the counsel for the accused-appellant. In fact, the accused himself admits in his statement under Section 313, Cr. P. C. th;it he had a knife in his hand and that Ghisi abused him and he does not know what happened thereafter.