RAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15-3-94 passed by the District and Sessions Judge, Doongarpur, by which the learned Sessions Judge convicted the appellant for the offence under Sec. 302 IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 100/- and in default of payment of fine further to undergo six months s rigorous imprisonment.

(2.) Appellant Rama was tried by the learned Sessions Judge. Doongarpur, for committing the murder of his mother-in-law Smt. Roopli on 14-11-92 in village Maori Kalian Adhi Kadai, district Doongarpur, by inflicting injuries with a Kos (an agricultural equipment) The case of the prosecution, as unfolded in the FIR lodged at Police Station, Kotwali Doongarpur at 2.00 p.m. by Nana (PW-5). in nut-shell, is that Roopii s daughter Lali was married to accused-appellant Rama. Three days before the incident, Rama came to his in-laws house and took Lali with him. Yesterday, in the night at about 9.00 p.m. the accused came to his in-laws house and threw acid on the face of his mother-in-law Smt Roopli Ramila (daughter of Smt. Roopli), who was in the house and saw the accused throwing acid on the face of her mother Roopli, raised alarms which attracted Nana and Khema. The accused, after throwing the acid on the face of Smt. Roopli, ran away. When Nana came there he saw Smt. Roopli lying on a cot and had acid-bum injuries on her face. On enquiry, Roopli informed that accused Rama had thrown acid on her face and was saying that he will kill her. Ramila, also, told him that Rama, at the Sun-set time, came to her house, he was carrying a bottle having acid in it, caught-hold the hair o f Smt. Roopli and poured acid on her face. He was, also, informed by Smt. Roopli that since Lali was reluctant to go with the accused and used to come off and on to her parental house therefore, the accused was annoyed with her mother-in-law. Roopli also apprehended that the accused may again come and kill her. She, therefore, requested Nana and Khema to stay there in the night. They stayed in the house of Roopli in the night and in the morning, at about 8.00 a.m. they went to arrange for some money for the treatment of Smt. Roopli as she was to be taken to Doongarpur Hospital. At about 10.00 a.m. Nana was going towards the house of his sister- in-law (Bhabhi) Roopli. He heard the cries of Ramila. Nana and Khema, therefore, ran towards the house of Dhawra, i.e., the house of Roopli and saw accused Ram inflicting injuries by the Kos on the neck of Roopli and after inflicting the injuries, Rama ran away. The accused was followed by the villagers and was caught-hold in the field. He was brought to the house of Roopli and by that time Roopli succumbed to the injuries. Rama thereafter told them that in the night she was saved but he has killed her, now, because she was responsible for spoiling her daughter, i.e., his wife.

(3.) The prosecution, in support of its case, examined ten witnesses. The accused did not examine any witness in his defence. The learned Sessions Judge, after trial, convicted and sentenced the accused-appellant as stated above. It is against this judgment dated 15-3-94 passed by the learned Sessions Judge that the appellant has preferred this appeal.