GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GOPAL, the appellant herein was put to trial before the learned Additional Sessions Judge Sambhar Lake District Jaipur, who vide judgment dated March 6, 2003 convicted the appellant under Section 302 IPC and sentenced him to suffer imprisonment for life and fine Rs. 2000, in default to further suffer one year simple imprisonment.

(2.) THE prosecution case as unfolded during trial is as under:- On October 6, 2000 the informant Madan (PW. 8) submitted a written report (Ex. P. 18) at Police Station Phagi wherein he stated that his daughter was married to appellant who often used to beat her. On the day of incident when he reached to the house of appellant he found his daughter lying dead. THEre were injuries on her head, hands and legs. On that report a case was registered for the offence under section 302 IPC and investigation commenced. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Sambhar Lake District Jaipur. Charges under Sections 302 and 201 read with 511 IPC were framed against the appellant, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 15 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. Two witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) FOR these reasons, we partly allow the appeal and instead of Section 302 we convict the appellant under Section 304 Part-I of Indian Penal Code and sentence him to suffer rigorous imprisonment of 10 years and a fine of Rs. 5,000/- in default of payment of fine to further suffer six months rigorous imprisonment .