DHARMA RAM BISHNOI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the accused appellant, Vimala W/o Shri Gokul Bhai, under Sec. 374 (2) of Crimial P.C. against the judgment dated 19th of Feb., 2007 passed by learned Sessions Judge, Sirohi, (for brevity, hereinafter referred to as 'Trial Court') in Session Case No.20/2006 by which the learned trial court convicted the accused appellant for the offence under Sections 302 and 201 of Penal Code and passed following sentence against her:- <FRM>JUDGEMENT_58_LAWS(RAJ)10_2016_1.html</FRM>

(2.) As per brief facts of the case, the complainant, Ashok Bhai (PW.11) submitted a written report (Ex.P/31) at Police Station-Sheoganj at 06.00 PM on 16.07.2006 alleging therein that his father, Sh. Devji Bhai, aged 70 years, was not seen in the morning on 12.07.2006 though he was sleeping on his cot in the night. The complainant made an enquiry from his mother and sister, in the home, on which they informed that bag and clothes of Sh. Devji are not in the house, therefore, probably he (Sh. Devji Bhai) might have went to Gujarat. As per complainant on search, his father was not traced out. On 16.07.2006, in the premises of our house, one dog was found eating something by digging soil, having some piece of meat in his mouth. After removing the soil and debris, the complainant saw the dead body of his father in the pit. As per allegation of the prosecution, on 12.07.2006 the sister of the complainant, namely, Vimala, was washing 'Gudri' and cot of his father and upon asking she told that dog has vomited upon the cot and 'Gudri', therefore, she is washing. It is also alleged by the complainant in the FIR that relationship of his sister, Vimala with her husband was not cordial because his character is not good and she is willing to take divorce from her husband but father of the complainant, imposed some restrictions upon her daughter, Vimala, and restrained her to go out of the house, therefore, she became annoyed qua her father and for this reason, she murdered his father in the intervening night of 11/12.07.2006 and buried the dead body of his father. She also left the house without informing any of the family members.

(3.) On the basis of above information, the FIR No.72/2006 was registered against the accused appellant for the offences under Sections 302 and 201 of IPC.