STATE OF RAJASTHAN Vs. BASU

JUDGEMENT

(1.) The instant cr. leave to appeal has been filed by the State of Rajasthan under Sec. 378(iii) and (i) Crimial P.C. against the judgment dated 11.8.2014 passed by the Sessions Judge, Udaipur in Sessions Case NO.145/2013 by which the learned trial court acquitted the respondent Basu from the charge levelled against him under Sec. 302 IPC.

(2.) As per the brief facts of the case, on 1.4.2013 at about 4.30 pm PW-1 Fata Kher filed a written report before the SHO Police Station Kotda in which it was alleged that on 31.3.2013 his newphew Bashu and his wife Mazi went to Kotda to do some work and he returned back in the night at about 12.00 pm and informed that after committing murder of his wife he has thrown her dead body in the Aabaliya Wala Khada Koliya river, therefore, you may leave away the house and he is also leaving the house.

(3.) In the morning at about 7.00 am they went at river, but dead body of the deceased Mazi was not found. Thereafter, upon search near about 300 meters far from river, dead body of Mazi was found. She was not wearing cloths upon upper side of the body. It is also stated in the FIR that injury upon head was also found upon the dead body of Mazi. Bashu respondent was having doubt with regard to illegal relation of his wife Mazi with other person, therefore he killed his wife and thrown in the river.