MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal jail appeal, the accused appellant, Mangilal has challenged the validity of judgment dated 26th July, 2007 passed by learned Addl. Sessions Judge, Deedwana, District: Nagaur, in Session Case No. 18/2006, whereby the learned trial court while acquitting him for offence under Sec. 307 Penal Code convicted the accused appellant for the offences under Sections 302 and 323 Penal Code and passed the following sentence:- <FRM> <FRM>JUDGEMENT_138_LAWS(RAJ)4_2016_1.html</FRM> </FRM>

(2.) Briefly stated, the facts of the case are that on 16th Aug., 2006, at 10.30 AM, the Ex-Sarpanch, Ramuram (PW.11) gave a telephonic information to the S.H.O. of Police Station: Ladnu that in Village Gudila, one Mangilal Meghwal, has murdered his wife, so also, caused injuries to his son and daughter Suman. Upon the aforesaid telephonic information, ASI, Latif Khan along with other police officials went to the place of occurrence after recording the said information in Rojnamcha . The police reached on the spot at 12.00 AM where PW.11 Ramuram gave written report (Exhibit-P/20), alleging therein that today in the morning, one Shankarlal informed him that daughter of Mangilal is crying in the house and Mangilal is sitting outside his house. Upon such information, Ramuram and Shankarlal both went to the house of appellant-Mangilal, where accused Mangi Lal was sitting outside his house and his daughter Suman was crying on the roof of the house.

(3.) The complainant and Shankerlal, both went to the roof, where body of Geeta wife of Mangilal was lying dead and blood was coming out from her mouth and neck, due to injuries on the neck of the deceased. The son of the appellant (Mukesh) aged 7-8 years was also found on the cot in unconscious condition, and there was injury upon his head. Similarly, Suman daughter of Mangilal was also having injury upon her head.