GAUN SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Gaun Shanker has filed this appeal against the judgment dated, May 25, 1994 passed by the Additional District & Sessions Judge, Sambar Lake, Jaipur, in Sessions Case No. 1/93, whereby he was convicted and sentenced under Section 302 IPC to imprisonment for life and to pay a fine of Rs. 1,000/- or in default of payment of fine three months simple imprisonment.

(2.) Initially, the appellant and three others co-accused were prosecuted for various offences including u/Section 302 IPC. However, other accused persons were acquitted of all the charges.

(3.) The facts in brief are that Smt. Santosh, the deceased was married to the appellant about ten years ago. She died in the night of 15th September 1992. The appellant made a report at Police Station, Sambhar Lake on the same night at 11.30 p.m. wherein it was stated that he and his family members had gone to witness Ram Lila, but his wife declined to go with them. She was left at home where she was cleaning utensils. At 10.45 p.m. his neighbour Om Ji came in Ram Lila and intimated that his house was burning. On getting the information, they went to the house and extinguished the fire. Thereafter, when they went inside the house they found the dead body of Smt. Santosh an this report, inquiry was initiated under Section 174 Cr. P.C. During investigation, the S.H.O., Trilok Chand (PW 13) prepared inquest report (Ex. P.7) at 12.05 at night. He suspected that cognizable offence was committed as Smt. Santosh had met a homicidal death. Consequently Crime No. 106/92 under Section 302/34 IPC was registered vide FIR Ex. P.37 and further investigation was made. Photographs, Ex. P.8 to Ex. P.17 were taken by the Photographer vide negatives Ex. P.18 to Ex. P. 27. Site-plan Ex. P.34 was prepared. The post-mortem of the dead body was conducted by a Board of three Doctors consisting of PW 16, Dr. S.K. Verma, PWI7, Dr. Bharat Bhushan Dhingra and PW 18, Dr. Smt. Jyoti Dhingra. The post-mortem report is Ex. P.32. Two slabs of the stones of the size 2 x 2 feet were seized vide Ex. P.33 from the place of incident. All the four accused persons were arrested. Thereafter, on the basis of information (Ex. PAS), a plastic Jaricane was recovered from Store-room near the kitchen of the house vide seizure memo (Ex. P.44). After completion of the investigation, a charge-sheet came to be filed against all the four accused persons in the Court of the concerned Magistrate, who committed the accused persons to the Court of Additional Sessions Judge, Sambhar Lake to face trial. The co-accused Mahendra was charged under Section 302 IPC or in the alternative under Section 302/34 IPC, while the remaining accused were charged under Sections 302 or 302/34 IPC and 498A IPC. The appellant Gauri Shanker was also charged of the offence under Section 302 IPC. During trial, the prosecution examined 30 witnesses.