KAJJU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment dated 20th April, 1988 passed by the Additional District Judge and Sessions Judge, Rajsamand thereby convicting him for offence under Section 201, IPC and sentencing him to undergo rigorous imprisonment of six months with fine of Rs. 300/-, in default payment whereof to further undergo one month's simple imprisonment.

(2.) One Devi Singh Karwar resident of Pasund Kerawaton Ki Bhagal gave an information to SHO Police Station, Kelwara that he had heard about a dead body of a woman lying on side of the road leading from Lakhmawato Ka Guda to Nathdwara. He informed that the villagers have assembled there and the dead body was covered by Sari. The police on receiving this information, started an inquiry under Section 174, Cr. P.C. Panchnama of dead body was prepared as Exhibit-P/5. On examination of the dead body, it was found that name Tulshi was inscribed at the right hand of the deceased and no external injury was visible. In the postmortem report Exhibit-P/8, it transpired that her death was caused by strangulation and there was fracture of the third cervical vertebra and compression over lower part of maduler and spinal cord was visible. The cause of death was described as asphyxia following strangulation or throttling. The police therefore registered a case under Section 302, IPC and commenced the investigation. During the course of investigation, police recorded statements of various witnesses and recovered the Jeep RST 6555 vide Exhibit-P/9 in which the dead body of the deceased was carried. At the conclusion of the investigation, the police found that the neck of the deceased was strangulated by her husband Vajja and other accused were with him when her dead body was taken from the village to the place where from it was recovered. The police filed the challan against the accused Vajja for offence under Section 304/201, IPC and against other four accused namely Ghasi, Panna Lal, Bhanshi Lal and Kajju Lal for offence under Section 201, IPC.

(3.) The prosecution examined ten witnesses in support of its case and exhibited as many as 23 documents. On the conclusion of trial, the leaned Additional District and Sessions Judge, Rajsamand by his judgment] dated 24-4-1988 acquitted the accused Vajja of the charges under section 304/201, IPC and other accused namely Ghasi, Panna Lal, Bhanshi Lai of the charge under Section 201, IPC but convicted the accused- appellant Kajju Lal for offence under Section 201, IPC and sentenced him as indicated above. Feeling aggrieved by the said judgment, the appellant has preferred the present appeal.