OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal was sent through the Jail Authorities against the judgment of Shri S.C. Mittal, Additional Sessions Judge, Kota, dated July 30, 1980 ; whereby he convicted the accused-appellant for offence under section 302 Penal Code and sentenced to imprisonment for life.

(2.) The case started on a report Ex P 19 lodged by Mohan Lal Tyagi, PW. 17, literate constable No. 1272 at the police station, Ramganj Mandi wherein it was alleged by him that little before his coming to the police station i e. 9.25 a.m. he was going to deliver a wireless message at the bungalow of Sub-divisional Magistrate. When he reached near the goods shed across the railway line in Nayee-basti he heard some cries. He ran to that side and saw one man armed with an axe running towards Railway crossing through the stones stock. On his enquiring ladies informed that one Om Prakash Laskari has hit his wife Mst. Geeta with an axe and has run away. He went to the house and saw the lady lying in pool of blood. Lady gave out the cause to be an internal dispute. It was further mentioned that the person who ran away with the axe was Prakash Laskari who had taken Dhatur earlier. Since he was without rest he did not chase the accused. On receipt of this report a case under section 307 Penal Code was registered and investigation commenced, Mst. Geeta, wife of Om Prakash who was injured was taken to the hospital where Dr. M.M. Mishra medically examined her and found the following injuries on her person :

(3.) The prosecution in support of its case examined 19 witnesses. The accused in his explanation submitted that he has not killed his wife. He had been living with her for last 10 years and has two children. He stated that he has not given any axe in the police station nor a pent has been recovered from his person. The learned trial court relied upon the prosecution evidence regarding motive that Om Prakash used to drink which his wife would object and after drinking he used to beat his wife. The learned Judge also relied on the evidence of last seen in the room and the circumstance that she was found dead in the room belonging to the accused. Another evidence relied upon by the learned Judge was that the accused was seen running with an axe towards the Railway crossing and as also the evidence regarding the recovery of weapon of offence. Relying upon the aforesaid evidence he convicted and sentenced the accused as indicated above.