SUKHDEO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT- Sukhdeo Singh has filed two appeals; one through Superintendent, Central Jail, Jodhpur and another through advocate, under Section 374, Cr. P. C. . Both the appeals are is directed against the judgment dated 22. 3. 2002, passed by the learned Additional Sessions Judge No. 3, Jodhpur, whereby accused-appellant Sukhdeo Singh has been convicted and sentenced under Section 302, IPC, to life imprisonment and a fine of Rs. 2,000/-, in default of payment of fine to further undergo six months' additional imprisonment.

(2.) IN nut-shell, the prosecution case is that on 7. 12. 2001, at 9. 35 a. m. , one Girdhari Singh (PW. 1) lodged a report (Ex. P. 1) with the Police Station, Dechu stating, inter alia, therein that about two and half years ago, his deceased niece Geeta D/o. Roop Singh was married to appellant Sukhdeo Singh. Out of the wedlock, a son was born. It was further averred in the report that about fifteen days ago Sukhdeo Singh had dropped his wife -Geeta at the house of Roop Singh. A day before the incident, i. e. , on 6. 12. 2001, Roop Singh and his wife had gone to Dechu to attend the marriage, from where Roop Singh went with the Barat and did not return to home. On 6. 12. 2001, at about 9. 00 P. M. , Sukhdeo Singh had arrived village Kanodia Purohitan by hiring a Jeep from Dechu, which was being driven by one Dholi. The said Jeep dropped Sukhdeo Singh in the village house and returned back. When Sukhdeo Singh came to his house, the informant, his father- Mansingh and ladies were present in the house. It was also averred in the report that Sukhdeo Singh was served with a cup of tea and then, dinner. He was lodged at the house of Roop Singh along with Geeta and his son - Kishan. IN the morning, Geeta and baby were found dead and appellant Sukhdeo Singh missing. He suspected involvement of appellant Sukhdeo Singh in the crime.

(3.) IN statement under Section 313, Cr. P. C. , appellant denied the correctness of prosecution evidence. He pleaded innocence.