RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by accused-appellant Ramswaroop by post through Superintendent, Central Jail, Kota, assailing judgment dated 17.07.2013 passed by the Additional Sessions Judge, Ramganjmandi, District Kota, whereby he was convicted for offence under Section 302 of the Indian Penal Code and sentenced to suffer life imprisonment with fine of Rs.5000/-. In default of payment of fine, he was to further undergo simple imprisonment for three months.

(2.) Facts of the case, in brief, are that a written report was submitted by Rajendra Kumar (PW-2) on 20.01.2008, inter alia, alleging that his sister Krishna was married to accused Ramswaroop, who was resident of Pipakhedi, about 12-13 years ago. Two children were born out of their wedlock. He received a telephonic call on that day at around 6.00 PM from one Vinod, son of elder brother of Ramswaroop, to the effect that Ramswaroop has caused several injuries on the person of Krishna by 'kulhari', and thereby she sustained grievous injuries on head and left eyebrow and that he (Vinod), Rajendra, Ghanshyam and Prahlad took her in a Jeep to Government Hospital, Jhalawar for treatment, where she succumbed to injuries during treatment. Ramswaroop subjected Krishna to beating in his agriculture field near Kuntkya. On receiving this information, informant and his mother Mohan Bai immediately came to Government Hospital, Jhalawar, where they learnt that Krishna had died. It was alleged that Ramswaroop, with intention to commit murder of his sister Krishna, subjected her to beating by use of 'kulhari' and thereby caused grievous hurts, as a result of which she died.

(3.) On receipt of aforesaid written report, regular F.I.R. No.22/2008 was registered for offence under Section 302 of the Indian Penal Code, and investigation commenced. Ramswaroop was arrested during investigation. Police filed charge-sheet against him in the court of Additional Chief Judicial Magistrate, Ramganjmandi, wherefrom the matter was committed to the court of Additional Sessions Judge, Ramganjmandi, District Kota, for trial. Charge for offence under Section 302 I.P.C. was framed against accused Ramswaroop, who denied the same and claimed trial.