SURAJ MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 2. 8. 2003, passed by the Additional Sessions Judge, bikaner, in Sessions Case No. 81/81, this appeal has been preferred by the appellant-Suraj Mal.

(2.) ACCUSED-SURAJMAL made a report in police Station, Ganga Sahar, 5 District-Bikaner on 1. 3. 1979, at about 7. 30 A. M. , in the said report, it was stated that he is serving in State Bank of Bikaner and Jaipur, hospital Road Branch, Bikaner on the post of clerk-cum-Cashier. On 28. 2. 1979, when he returned back to village Udasar, at about 8. 30 P. M. , then found his wife-Radha missing. On enquiry from parents, it was informed that Radha has gone with the child, who had a call of nature but, thereafter, said radha did not return. After waiting for some time, when his wife Radha did not return, then, on search, Radha was found in a water tank, in front of his residence. When she was taken out from the tank, found dead. Therefore, report was made to the Police. It was further reported that since the incident took place at Village Udasar, from where he reached Police Station, Gangashahar on foot, therefore, it caused delay in filing of fir.

(3.) SHRI Jaimal Singh, Station House officer (SHO), Police Station, Gangashahar prepared report of sudden death Ex. P5, panchnama Ex. P7 and site-plan Ex. P6. It was reported that water tank was having only 3 ft. deep water which was found to be dirty water of rain. The clothes of deceased were found to be clean and not soiled. The sho Jaimal Singh nominated 'panchas' to find out the cause of death, but no satisfactory answer was given by him, even though Suraj Mal complainant accused was also member of Board of 'panchas'.