MANOJ @ RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 29.9.2008 passed by Additional District and Sessions Judge (Fast Track) No.1, Udaipur in Sessions Case No. 2/2008 by which the accused-appellant is convicted under Section 302 of I.P.C. with life imprisonment and with a fine of Rs.5,000/- in default thereto further to undergo for six month simple imprisonment.

(2.) The contents of Ex.P.1 F.I.R. No.611/2007 reads as under :- <IMG>JUDGEMENT_108_LAWS(RAJ)3_2017.jpg</IMG>

(3.) Heard submissions of rival sides, learned amicus curiae representing the appellant has contended that learned trial Court has committed error in examining the evidence and has not correctly appreciated the evidence, appellant-accused never committed alleged offence, but performed all the death rituals with social norms. The nuptial was through affairs, so reason of any discord or demand does not arise. The couple was living quite comfortably and begot kids out of the wedlock, theory of Sambal Seva Mandir and women organisations is concocted and hatched to malign the dignity of the appellant in order to harass, there is no iota of truth in the alleged story and findings of the trial Court are not correct, so the appeal be allowed and the impugned findings of guilt be set aside, in support of submissions, learned counsel for the appellant has placed reliance on the judgment Jose @ Pappachan v. Sub Inspector of Police, Koyilandy and Anr. (2016) 10 Supreme Court Cases 519.