RAM KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KAMLA, the deceased in the instant case, appears to be a lady of easy virtue. Her character as projected by her own daughter Paras reminds us following lyric of a Maharashtra Prakrit Poet:- &nbsp&nbsp&nbsp&nbsp&nbsp" The woman has so trained her dog That he welcomes her lover But growls at her husband, bares his teeth When that poor man returns from the field. " On the fateful night finding KAMLA in her bedroom with a stranger, her husband (appellant herein), stabbed her to death. He was put to trial before the learned Additional Sessions Judge (Fast Track) No. 1, Jaipur City and was found guilty. Against the finding of conviction and sentence under section 302 IPC to suffer imprisonment for life and fine, this appeal has been preferred by the appellant.

(2.) HAVING heard the rival submissions we notice that the the prosecution case is founded on the dying declaration of Kamla (Ex. P-3) wherein she stated that the appellant around 1. 30 AM on September 3, 1995 inflicted knife blows on her person. Dying declaration Kamla stands corroborated by injury report (Ex. P-10) which reads thus: 1. Stab incised wound of size 1. 5 x 1/2 cm x depth? Lt. side of front of neck 2. Stab incised wound of 2. 5 x 1cm x depth? 3. Incised wound of 1/2 x 1/4 x muscle deep Lt. side upper part of chest 4. Incise wound 1. 5 x 1/4 x skin deep 5. Abrasion of 1. 5 x 1cm 6. Incised wound of 3 x 1/2 x depth muscle at Lt. arm 7. Incised wound 2. 5 x 1cm x muscle deep at Lt. arm 8. Incised wound 1 x 1/2 x muscle deep at Lt. arm 9. Stab incised wound 3. 5 x 1 x depth? At Lt. back lumber region 10. Incised wound 1 x 1/2 x skin deep at Lt. latral. 11. Abrasion & Bruises of size 3x4cm to 2x3cm Lt. nipple 12. 2-3 Bruises of size 2x3 to 2cm Rt. nipple 13. Bruise of size 2. 5 Lt. side infra clavicular 14. Incised wound of size 2. 5 x 1. 5 Lt. middle finger palmer aspect. Dead body of Kamla was subjected to autopsy and as per Autopsy Report (Ex. P-5), the cause of death was shock and hemorrhage on account of injuries to vital organs.