RUPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed under Sec. 372(2) of the Code of Criminal Procedure against the judgment dtd. 22/12/1994 passed by the learned Additional Sessions Judge, Barmer in Sessions Case No.22/94, whereby the appellant was convicted under Sec. 306 of the Indian Penal Code and sentenced to undergo seven years rigorous imprisonment along with a fine of Rs.100.00. In default of payment of fine, the appellant was further directed to undergo one month s simple imprisonment.

(2.) Learned counsel Ms. Kusha Sharma is hereby appointed as Amicus Curiae to assist the Court on behalf of the appellant under the free legal aid scheme of Rajasthan State Legal Services Authority. The remuneration to learned counsel shall be paid by RSLSA as the per the rules.

(3.) The facts, in brief, are that on 4/4/1994, the appellant himself lodged a written report at Police Station Guddamalani, stating therein that his wife, Smt. Loonga, had committed suicide at their matrimonial home. On the basis of the said information, proceedings under Sec. 174 of the Code of Criminal Procedure were initiated. An inquiry under Sec. 174 Cr.P.C. was conducted by P.W.-1 Chuna Ram, the then Tehsildar of the area, who had been appointed by the District Magistrate to conduct the inquest. The morgue proceedings bearing No. 4/94 were conducted in which the father of the deceased, P.W.-3 Rai Mal, and her mother, P.W.-8 Smt. Mathura, also participated. After completion of the inquest inquiry, the Tehsildar prepared his investigation report and forwarded the same to Police Station Guddamalani for registration of a regular case and further investigation. Consequently, the police registered a case against the appellant, carried out investigation and ultimately filed a challan against him for the offence under Sec. 306 IPC before the competent court, which thereafter committed the case to the Court of Additional Sessions Judge, Barmer.