BHAG CHAND Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Camouflaging of the brutal murder of his wife by the appellant sets the tone for this case. The appellant has challenged the judgment dated 17.4.2001, whereby the Additional Sessions Judge, Rajgarh, Dist. Alwar has convicted the appellant of offence under Section 302 Indian Penal Code and has sentenced him to Life Imprisonment and has imposed a fine of Rs. 2500/- and to further undergo a sentence of one year of rigorous imprisonment in default thereof.

(2.) The brief facts of the case are that on 25.10.1999 while Ramesh Chand (PW9) and Tundaram (PW10) were grazing their goats in the jungles of village Tunda, they noticed few vegetables lying there. When they went close to the vegetables, they noticed a dead body of a woman lying there. They informed the local Sarpanch, Bansidhar (PW8). Thereupon Bansidhar submitted a written report (Ex.P2) before the Head Constable, Om Prakash (PW15). On 26.10.1999, Om Prakash, in turn, reached the Police Station Tehla and submitted a written report (Ex.P 13) wherein he claimed that on 25.10.1999 the Sarpanch, Banshidhar had submitted a written report to him. According to the said report a dead body of a woman had been discovered in the plantation area (to be referred to as the jungle) near the bend in the road situated in the lower part of the valley of village Kundla. On the basis of the said report an inquest Report under Section 174 of the Criminal Procedure Code (henceforth to be referred to as the 'Code', for short) was prepared. The head constable and some villagers had gone to the spot and seen a body of a dead woman. But for a blouse on the body, the rest of the body was naked. The examination of the dead body had revealed that the woman had been killed by a sharp weapon, and her face was hit with stones. Since murder was suspected, the Head Constable had submitted the said report. On the basis of the Report, a formal FIR, FIR No. 149/99 was chalked out for offence under Section 302 Indian Penal Code and the investigation was carried out. The dead body was identified by Ramchandra Saini (PW3) as the body of his daughter, Smt.Mathuri w/o Bhag Chand, the appellant. After fifty-five days of the alleged murder, the police arrested the appellant. The charge sheet was filed against the appellant for offence under Section 302 IPC.

(3.) In order to prove its case, the prosecution examined twenty witnesses and submitted thirty-one documents. Although the defense did not examine any witness, it did submit five documents. After examining the oral and documentary evidence, vide judgment dated 17.4.2001, the learned trial court was pleased to convict and sentence the appellant as aforementioned.