BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Bhanwarlal was tried for the offence under Section 302 IPC for the murder of his wife Smt. Dhapi, by the Sessions Judge, Jodhpur. By the judgment dated January 30, 1980, the learned Sessions Judge convicted the appellant for the aforesaid offence and sentenced him to imprisonment for life.

(2.) BRIEFLY stated the facts of the case giving rise to this appeal are that Bhanwarlal and his wife Smt. Dhapi were very often quarrelling because of the former not earning anything and extracting money from the latter. The appellant is said to be addicted to the intoxication and gambling. On July 24, 1979 on hearing the shrieks of Smt. Dhapi, Smt. Badami (PW 1) and Smt. Champa (PW 7) rushed to her house. They saw the accused inflicting blows with scissors to Smt. Dhapi in the kitchen. They raised the cry. On hearing the cries of those two ladies, Ramdayal (PW 8) also went to the house of the appellant. He saw the appellant causing injuries with scissors to his wife Smt. Dhapi. Ramdayal enquired of the appellants to what he was doing, Even after his asking so, the appellant went on causing scissors injuries to his wife. On sustaining an injury on the neck, Smt. Dhapi fell down. The appellant ran away from there leaving behind the scissors in the kitchen. Ramdayal immediately went to the Police Station Pipar city and lodged the written report before PW 11 Shankerlal SHO. The SHO registered the case under Section 302 IPC against the appellant and chalked out the formal FIR Ex. P/14. The SHO then went to the house of Bhanwarlal. He found the dead body of Smt. Dhapi lying there. He prepared the site plan Ex. P/5 and site inspection memo Ex. P/15. The SHO took in possession the scissors Ex. 7 and sealed it. He collected blood from the site in the bottle and sealed it. The inquest memo Ex. P/7 was prepared. The SHO sent for Dr. P.S. Bhandari (PW 10), Medical Officer, Incharge SHO., Pipar city, District Jodhpur. Dr. Bhandari conducted the autopsy over the dead body of Smt. Dhapi on July 24, 1979 at Piparcity at the residence of the deceased. The Doctor noted following injuries on the dead body:

(3.) UPON completing the necessary investigation chargesheet against the appellant was filed in the Court of Munsif and Judicial Magistrate Bilara. The learned Magistrate finding it to be a case exclusively triable by the Court of Sessions, committed the appellant to the Court of Sessions Judge, Jodhpur to stand his trial there. The learned Sessions Judge chargesheeted the appellant for the offence under Section 302 IPC and recorded his plea. He denied the allegations and claimed to be tried. The prosecution examined 11 witnesses. Relying on the prosecution evidence, the learned Sessions Judge convicted and sentenced the appellant as stated earlier.