JAGDISH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Jagdish and Smt. Sampati, (appellants herein) who are husband and wife, were put to trial before learned Additional Sessions Judge (Fast Track) Gangapur City, for having committed murder of Bharti by pouring acid on him. Learned Judge vide judgment dated March 15, 2002 convicted and 5 sentenced them under section 302 Penal Code to suffer imprisonment for life and fine of Rs. 500.00, in default to further suffer simple imprisonment for one month.

(2.) Herbeji (Pw.1) wife of Bharti put her thumb impression on a written report (Ex.P-1) and submitted it at police station Gangapur City on July 3, 2001 at 12.45 AM. It was inter alia stated in the report that Jagdish and his o wife Sampati poured acid on her husband with the intention to kill him. On that report a case under sections 324 and 307 Penal Code was registered and investigation commenced. In the course of investigation Bharti succumbed to his injuries and section 302 Penal Code was added. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were 5 recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Gangapur City. Charge under section 302 Penal Code was framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 15 witnesses. In the explanation under Sec. 313 CrPC, the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) Injuries sustained by Bharti were examined while he was alive vide Injury Report (Ex.P-11). Bharti received following injuries :