SANWAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was indicted before the learned Sessions Judge Sikar for murdering his wife Gopali. Learned Judge vide Judgment July 19, 2000 convicted and sentenced the appellant under Section 302 IPC to suffer life imprisonment and fine of Rs. 200/-, in default to further suffer one month imprisonment.

(2.) THE first information of the offence was lodged by the appellant himself at Police Station Sikar on August 30, 1999 at 8. 15 AM. THEre is no eye witness to the occurrence. THE principle evidence against the appellant consists of the first information report, which contains a full confession of guilt by the appellant. If this report is excluded, the other evidence on record is insufficient to convict the appellant. THE core question in the instant appeal is whether the statement or any portion of it is admissible in evidence.

(3.) DHANNA Ram (Pw. 1) is the motbir of inquest report (Ex. P-1 ). Inder Lal Sharma (Pw. 2) deposed that the police came to him and took him to the house of the appellant. Police informed him that the appellant killed his wife. He saw at the place of incident that near the dead body Dantli was lying. Dantli was sealed vide memo (Ex. P-3), on which he put his signatures. Durga Ram (Pw. 3) deposed that the police came to his village and informed that the appellant killed his wife. Om Prakash (Pw. 4) in his deposition stated that in his presence the police recovered a piece of paper from the appellant vide memo Ex. P-7, on which he put his signatures. In his cross examination he however stated that the piece of paper was brought by the police and it was never seized in his presence. Bhagwana Ram (Pw. 6) deposed that he put his signatures on the site plan (Ex. P-9 ). Recovery memo of soil was also drawn in his presence. Cheta Ram (Pw. 7) also deposed that the police came to his village and informed him that the appellant killed his wife. Pitha Ram (Pw. 8) did not support the prosecution case and he was declared hostile.