HARI RAM ALIAS PAPIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by accused appellant against the judgment of Additional District & Sessions Judge (Fast Track), Hanumangarh dated 1. 2. 2002 in Sessions Case No. 137/2001.

(2.) THE prosecution case was initiated on submission of report by Balwant Singh S/o. Indra Singh to Police Station, Hanumangarh Junction. A typed report was submitted by Balwant Singh on 28. 7. 2001, at about 9. 15 a. m. , stating therein that he is resident of Ward No. l, Sureshiya, Hanumangarh Junction. Hari Ram s/o. Daulat Ram is his neighbor, who usually quarrel with his wife. Yesterday night he heard high pitch noises and when he came out from his house, Kamla and Hari Ram were quarreling with each other. He slept in the night and when he woke up in the morning, Kamla was found dead on her cot. Hari Ram killed Kamla and ran away from the place of occurrence. On the basis of the said report, FIR was registered, bearing No. 498. THE case was registered under Section 302 of IPC, thereafter, investigation was conducted by the police.

(3.) PER contra, learned Public Prosecutor submitted that it is on the complaint of the complainant - Balwant Singh that FIR was registered, though said Balwant Singh as PW 1 thereafter turned hostile but he had not denied his signature on the complaint. The evidence produced by the prosecution connects accused with the crime. It was further urged that the accused was last seen on the place of occurrence and as he has failed to give any explanation of death of his wife, the trial Court has rightly arrived at the conclusion about his guilt after considering circumstantial evidence available on record. The learned Public Prosecutor further submitted that at the instance of the accused, his blood stained clothes as well blood stained weapon were recovered. It was, therefore, prayed that the judgment of the trial Court may be maintained.