VAJIA @ VAJE RAM S/O GOTIYA @ GOUTAM, AGED 38 YEARS, BY CASTE ADIVASI, RESIDENT OF BILDI, P.S. SUHAGPURA, DISTRICT PRATAPGARH (RAJ.) (PRESENTLY LODGED IN CENTRAL JAIL, UDAIPUR) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed by the accused appellant, Vajia @ Vaje am, a challenge has been laid to the judgment dated 27th of June, 2008 passed by learned Addl. Sessions Judge (Fast Track), Banswara in Session Case No.10/2008, by which the appellant was convicted for the offence under Sec. 302 of Penal Code and sentenced for life imprisonment along with fine of Rs.2000.00 with default stipulation to undergo six months' addition simple imprisonment.

(2.) On 29.10.2007 complainant, Shambhoo S/o Roopa Adivasi (PW.1) gave verbal information that marriage of his daughter, namely Sakudi, was solemnized with Vajia @ Vaje Ram, in village Beeldi 6-7 years back. From the wedlock of Varia and his daughter, Sakudi, three children were born. It was further stated that on last Thursday, in the evening his daughter and son-in-law (appellant herein) along with their children came to my residence. The sister of appellant, namely, Meera, was married in village Jhampapada, with Rama. On Saturday at about 10'O Clock, in the morning, his son-in-law, daughter and their children left his house to meet Meera, from where they came back in the evening at 06.00 PM and after taking dinner they slept. In the morning, his wife, namely, Sapli, prepared meal for them and after preparing meal, his wife who was working in the field near the house, went for grazing the cattle, at that time his daughter and son- in-law were taking meal in the house. After taking meal, they had to go to their village, Beeldi, however, all of sudden at about 8'O Clock, they heard cries of his daughter and upon hearing the commotion, they immediately rushed inside the house, where complainant saw that on seeing him, his son-in-law who was having an axe in hands, ran away towards southern side of the house. In the meantime, his wife Sapli, on hearing the hue and cry, also came in the house and saw that their daughter, Sakudi was lying on the floor and blood was oozing out from her neck, head and right ear. The complainant and his wife made cries, on which, their neighbourer, Narayan also came. It was further averred that his daughter died before coming Narayan came on the place of occurrence. According to complainant, there was no dispute in between his daughter and son-in-law, nor his daughter complained in past to him and his wife but his son-in-law while inflicting injury by axe upon the head, neck and right ear committed murder of Sakudi and took axe with him while leaving his house. Therefore, it was prayed that appropriate action may be taken against him.

(3.) Upon the aforesaid verbal information recorded by the S.H.O. Police Station- Pipalkhut, FIR No.118/2007 (Ex.P/2) was registered on 29.10.2007 against the appellant for the offence under Sec. 302 of IPC.