MANGILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 8-9-1977 passed by the learned Sessions Judge, Jodhpur, convicting the accused appellant for the offence under Section 302, IPC and sentencing him to undergo imprisonment for life in Sessions Case No. 46/77.

(2.) According to the charge framed by the learned trial Court against the appellant, he in the night falling between 21st and 22nd Feb. 1977 at about 1 a.m. in his own house intentionally killed his wife Smt. Pushpa by strangulation. As the appellant pleaded not guilty, the prosecution examined thirteen witness and exhibited twenty eight documents. In his statement, the appellant denied the prosecution evidence and stated that his wife (deceased) was pregnant and on the relevant night, she felt severe pain in the stomach. He arranged for a truck to carry her to hospital but the truck did not turn up and she died early in the morning and later on she was cremated. Two witnesses were examined in defence. After considering the evidence of both the sides and arguments advanced, the learned trial court convicted and sentenced the appellant as mentioned above. Against the said conviction and sentence, this appeal has been preferred.

(3.) We have heard the arguments of both the sides.