MOHRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MOHRU, the appellant herein, was forced to take sorrowful sighs by his real brother Parsadi who made allegations against the appellant that he committed murder of his (Parsadi) wife Prem. The appellant was put to trial before learned Additional Sessions Judge (Fast Track) Gangapur City, who vide judgment dated August 29, 2001 convicted and sentenced the appellant under section 302 IPC to suffer imprisonment for life and fine Rs. 2000, in default to further suffer six months simple imprisonment.

(2.) IN the instant appeal the defence of appellant is that informant Parsadi had illicit relations with his daughter-in-law Kamla, whose husband (son of Parsadi) was away from the country. On the fateful night when Prem (deceased) returned from a marriage she saw her husband Parsadi coming out from the pator (residential room) of Kamla. When Prem raised objection, Parsadi killed her and removed hurdle from the path of his illicit relationship forever. Parsadi killed two birds with one stone by implicating appellant falsely in the case.

(3.) PARSADI (Pw. 1) is the star witness of the prosecution. He is the real brother of appellant and on the date of incident both resided in the neighbourhood of each other. In his deposition PARSADI stated that on the preceding night he along with his son Bharat Lal and grand son Man Singh had gone to sleep in their `khalihan' where crop of wheat got stored. In the morning around 4. 30 AM when child Man Singh awoke and asked for drinking water, he proceeded to his house. No sooner did he reach near his house he saw Mohru coming out of his Pator. He was armed with `beelni'. PARSADI thereafter called his wife, but there was no response from inside. He then entered the house and found his wife Prem lying dead on the cot, she had sustained injuries on her neck and other parts of the body. He immediately rushed to the house of Mohru and told him "killer what you did". At that time Bharat Lal, Ramji Lal and other villagers gathered. PARSADI further stated that Mohru had sold the land which came in his share, thereafter their relations got strained and because of this enmity Mohru killed his wife. In the cross examination he admitted that he did not state in the report that he saw Mohru armed with Beelni. He denied to have illicit relations with his daughter-in-law Kamla. He further denied that meeting of Caste Panchayat was held on April 20, 2000 and in that Panchayat he and Kamla admitted that they had illicit relations and he instituted false case against Mohru. He however admitted that he did not perform last rites of Prem:- ***