AMBAWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dt. 27.09.2004 of Additional Sessions Judge, Fast Track Rajsamand Camp Udaipur convicting appellant -Ambawa of offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1000/ -, in default of payment of fine to further under go six months simple inprisonment.

(2.) THE prosecution story as disclosed during the trial is that PW.8 Mst. Pankhi had married to the appellant Ambawa about 20 years back. Being fadup with his illtreatment, some time back, she left Ambawa and started living with deceased Lal Singh. On 06.03.2004, PW.1 Narupatel submitted the First Information Report Ex. P/1 at Police Station Ogana stating inter alia that while he was on way to village Mohini, he found the dead body of Lal Singh near the field of PW/3 Vakta. He also stated that on the preceding day i.e. on 15.03.2004 at about 6.10 P.M. while he was taking cattle for drinking water, the appellant Ambawa was seen taking his wife Smt. Pankhi towards village Mohini, she appeared unwilling and resisting. On this information police registered a case of offence under Section 302 IPC and proceeded with the investigation. The police sent the dead body for postmortem. PW/11 Doctor Chandra Kumar conducted the autopsy of the dead body of Lal Singh vide Ex. P/18. He noticed the following injuries on the the dead body.

(3.) LACERATED wound "4" x "2" cm x muscle deep present over front right dupper 1/3 (clamcuber) region of cloted blood present over harby skin of front of chest.