MEHA GABHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this cr. jail appeal filed by the accused appellant Meha S/o Lalu from Central Jail, Udaipur, the accused appellant has challenged the judgment dated 5.9.2008 passed in Sessions Case No. 68/2008 by which the learned Sessions Judge, Udaipur held accused appellant guilty for offence under Sec. 302 I.P.C. and passed sentence for life imprisonment with fine of Rs. 5,000.00 and in default of payment of fine to further undergo three months pie imprisonment.

(2.) As per brief facts of the case on 12.1.2008 PW-5 Nana S/o Lala gave oral information before the SHO Police Station Kothada that marriage of his daughter Atri was solemnized 12 years back with Meha (accused appellant) resident of age Viyol. From the wedlock of his daughter Atri with accused appellant Meha, three children were born. The husband of Atri was habitual drinker and having doubt upon the character of Atri, therefore, he was usually quarrelling with her. The relation of Atri with her husband were not cordial, therefore, she as living with her father complainant Nana since Deepwali. As per information ore 5 days of incident, the accused appellant Meha took his wife forcibly for the purpose of cutting "Tuwar Dal " in the agricultural field at Viyol, but on 11.1.2008 the complainant got information that his daughter Atri died.

(3.) After receiving information the complainant and his brother Resha, so also other villagers went to the village Viyol at the home of accused appellant, where they saw that dead body of Atri was lying on floor. Upon inspection of the body is found that there were injuries upon both the sides of neck and whole body was sustained with blood. At the house of Atri one Ratu son of Koopa informed that on 10.1.2008 in the morning at 4-5 am the accused appellant Meha caused injuries by knife upon the neck of deceased Atri and due to those injuries she died.