RAM BHAJAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18-1-1979 of Addl Sessions Judge, Gangapurcity who convicted and sentenced the accused-appellant Ram Bhajan for offence under Sec. 304 Part II and Sec. 201 IPC. He has been sentenced to 4 years rigorous imprisonment on the first count and 2 years rigorous imprisonment and fine of Rs, 200.00 in default of payment of fine to further under go 6 months rigorous imprisonment on the second.

(2.) The prosecution case in that Radhey Shyam Gupta. PW I, Sarpanch Gram-panchayat, Rewali sent an application by registered post to the S.H.O. police station, Garhmora, duly signed by various villagers wherein it was mentioned that Rambhajan accused has badly beaten his wife, as a result of which she died. It was further mentioned that she was murdered. It was reported to be a case of murder and an inquiry for which was demanded. The villagers reported that there are eye-witnesses to the occurrence who will be disclosing the facts during an inquiry. On receipt of the report a case under S 302/201 Penal Code was registered and investigation commenced. An entry almost to similar effect was made in Ghatna Bahi of the patwari. After completion of the investigation a charge-sheet was submitted against the appellant in the court of Munsiff and Judicial Magistrate, Gangapur city who committed the case to the court of Addl. Sessions Judge, Gangapur city. The prosecution examined 14 witnesses in support of its case. Accused denied the allegations levelled by the prosecution witnesses in his statement under Sec. 313 Cr. P.C. and submitted that his daughter was married on 17-6-1978 and his sister had come in marriage from Deedwana. She was to go back, he asked his wife to give clothes to his sister from one which had come from her fathers place, as lot of expenditure has already been done in the marriage On this there was exchange of some hot words and his wife went to Nohra, then Roop Narain Vaidya came and told him that his wife is dead. According to him she was a heart patient. His one of the sons had fallen from the roof since then she has become a heart patient. He also got her treated at Bombay. Since Sarpanch was against him as he had not casted vote in his favour, this false case has been foisted against him. The learned Sessions Judge held the accused guilty under Sec. 304 Part 11 and Sec. 201 Penal Code and sentenced as indicated above. Aggrieved by the same this appeal has been preferred.

(3.) Learned counsel for the appellant submitted that the trial court was in error in reading the explanation of the accused-appellant in part. He ought to have either accepted it as a whole or rejected as a whole. It is further submitted that there is no evidence that accused has either caused any grievous injury or any other injury which in his knowledge was likely to cause the death of his wife Rampyari. On the contrary it is submitted that there is evidence on record to suggest that accused was already apprehensive that due to the altercation she may not commit suicide so he went to bring her back from Nohra where she had gone. It is submitted that there is no eye witness and there is neither direct nor indirect circumstantial evidence to suggest even remotely a motive for committing murder. It is submitted that accused was of about 45 years of age who had grown up children, He married his daughter only a Fortnight before the occurrence. There was no rhyme or reason for him to have committed any offence. He submits that even in the alternative if the whole evidence is relied upon then also the case does not travel beyond Sec. 323 I. P. C.