RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this Cr. appeal filed under Section 374 (2) Cr.P.C. the accused appellant Ramesh S/o Mangi Lal is challenging the judgment of conviction and sentence dated 1.7.2009 passed by the learned Addl. Sessions Judge, Nathdawara, District Rajsamand in Sessions Case No. 10/2008 by which the learned trial court convicted the appellant for the offence under Section 302 and 201 IPC while acquitting two co-accused Bholi Ram and Smt. Mohini from the charge under Section 201 IPC levelled against them and passed the following sentence against the accused appellant:

(2.) As per facts of the case on 21.7.2008, the SHO Police Station, Nathdawara received a message on telephone at about 4.45 pm from Ex-Sarpanch Satyanarayan PW - 11 of the village Salore in which it was informed that in the village he heard that one Ramesh of the village killed his wife and buried behind his house. The said information was recorded as Ex.P/28 in writing by PW - 17 Chiman Singh SHO Police Station Nathdawara and went on spot along with other police official fficials. The SHO Police Station Nathdawara along with other police officials reached at the house of the appellant Ramesh where appellant and his brother were present and upon inquiry about wife of Ramesh, the appellant stated that his wife went at Ahemdabad but after some time upon thorough inquiry it is stated by him that after killing he has buried his wife at the back side of his house.

(3.) The SHO Police Station, Nathdawara immediately gave information to the higher authorities and called SDM, Nathdawara on spot. Doctor and photographer were also called upon spot and in the presence of all the persons and appellant, the body of his wife Chandi Bai was recovered from the backyard of the house of accused appellant and post mortem of the body of Chandi Bai was conducted on spot by the medical board and post mortem report (Ex.P/32) given by board on spot. The medical board gave its opinion that cause of death was head injury. In the post mortem report it is specifically observed that there is fracture of whole left temporal side. After port mortem report, the accused appellant was arrested vide Ex.P/33 at about 10.15 pm on 21.7.2008 itself and as per his information under Section 27 of the Evidence Act (Ex.P/3) that I inflicted injury by stone upon the head of my wife and I thrown the stone in the courtyard of my neighbor Mangu, that stone can be recovered from that place. Another information was given by him that the cloths which I was wearing at the time of incident are lying in the back side of my room of the house and Fhawada used by me to bury the body of my wife (Ex.P/36) was thrown on the roof of the room. Upon above information's given by accused appellant Ramesh the stone was recovered vide Ex.P/15 on 24.7.2008 in front of two witnesses Udai Singh and Magan Lal. Likewise cloths and Fawada were recovered vide Ex.P/14 on 23.67.2008 in the presence of two witnesses Udai Singh and Magan Lal.