RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was indicated before the learned Sessions Judge Jaipur District in Sessions Case No. 76/1999 for having committed murder of his daughter. Learned Judge vide Judgment dated June 17, 2000 convicted and sentenced him as under :- U/s. 302 IPC : To suffer life imprisonment and fine of Rs. 10,000/-, in default to further suffer one year rigorous imprisonment. U/s. 201 IPC : To suffer rigorous imprisonment for two years and fine of Rs. 1000/-, in default to further suffer three months rigorous imprisonment. Substantive sentences were directed to run concurrently.

(2.) IT is the prosecution case that Prithviraj Singh (Pw. 1) on April 28, 1999 at 10. 55 PM telephoncially informed Bhagwan Singh SHO Police Station Kalwar (Pw. 7) about the death of his servant's daughter Sheela. Bhagwan Singh rushed to the spot and found the dead body of Sheela lying in front of the quarter of her father Ramesh (appellant ). Prithvi Raj Singh and appellant both were present there. Instead of drawing inquest report in the late hours of night the SHO drew it on April 29, 1999. In the inquest report (Ex. P-1) there is a reference of appellant's report on the basis of which Mali Ram, ASI (Pw. 11) made inquiry under section 174 Crpc and on April 30, 1999 FIR (Ex. P-11) was registered under section 302 and 201 IPC. Bhagwan Singh, SHO himself took the task of investigating the case. The appellant in his report stated that for the last seven years he along with his three daughters was residing in the Bungalow of Prithvi Raj Singh. Sheela was his eldest daughter. On April 29, 1999 around 8. 30 PM when Sheela went out of the house and did not return back for one hour the appellant searched her and did not find her in vicinity. On her return the appellant demanded explanation for her absence. The appellant further stated in the report that Sheela had affair with one Bablu and after she returned back light of bungalow went off and the appellant went out to ignite generator. When he came back to the room he found Sheela hanging on a prop (Balli) tying nose of scarf on her neck. After thorough investigation of the case Bhagwan Sahai came to the conclusion that it was appellant who committed murder of Sheela. Charge sheet was thereafter filed and in due course the case came up for trial before the learned Sessions Judge Jaipur District. Charges under sections 302 and 201 IPC were framed. The appellant denied charges and claimed trial. The prosecution in support of its case examined as many as 11 witnesses. In the explanation under section 313 Cr. P. C. , the appellant claimed innocence and stated that Sheela committed suicide by hanging herself tying knot of scarf on her neck. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above.

(3.) COMING to the post mortem report (Ex. P-12) of Sheela we notice that at the time of autopsy her eye were found semi opened and looked like protruded. On opening eye were reddish congested with conjunctival haemorrhage. Both pupils were found dilated. Mouth was closed. Lips and face along with nails showed bluish discolouration. Abrasion 1. 5cm x 1/2cm on area 2cm blow middle of Rt. mandibular rim on upper neck and 1/2cm x 1/4cm on right side neck in middle 1/3 were found on the dead body. On dissection of neck haematoma with tissue staining found at following places:- - effusions extra vessation red in colour - left lateral side of trachea upper /3 size 1/4 x 1/4 cm - left lateral side of trachea middle /3 size 1/4 x 1/4 cm - left lateral side of trachea middle /3 on area 1/4 cm below, above injury size 1/4 x 1/4 cm - right side front of neck underneath external injury No. 1 on antero lateral of trachea upper 1/3 size 1 cm x 1/2 cm above the level of hyoid bone. Further examination showed (trachea) congested areas in tracheafine white fronth. There was haematoma of soft tissues near upper part of trachea over right side neck in middle /3 upper part. left side neck also showed such haematoma in an area of 2 cm x 1/2cm. There was froathy blood which came out through upper respiratory tract.