GOPI RAM @ GOPAL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both above appeals are filed under Sec. 374 (2) Crimial P.C., 1973 laying a challenge to judgment dated 21st July, 2015 passed by learned Addl. Sessions Judge, Merta (Trial Court) in Session Case No. 67/2015, whereby the accused appellant-Gopi Ram @ Gopal Ram was convicted for offence under Sections 302, 458 and 392 r/w 397 Penal Code and the appellant-Suresh Chandra was convicted for offence under Sec. 411 of IPC. The following sentence was passed against the accused appellants:

(2.) Succinctly stated, the facts of the case are that an F.I.R. No. 58/2007 was registered upon written complaint (Ex.P/31) filed by Jeevan Ram (PW.8) before the S.H.O., Police Station Padukallan, District Nagaur, in which it is reported by Jeevan Ram that wife of my brother, Smt. Dakhu Devi, is living alone in her house. On 08.05.2007 in the evening at about 06-07'O Clock, she came to the flour mill as narrated by Pratap Ram Jat, and in the morning of 09.05.2007 at about 12'O Clock, wife of Kachruram Khati went to meet Smt. Dakhu Devi, at that time, the door of her house was closed and cow was standing there. The wife of Kachruram, Smt. Kastoori and Smt. Suni Devi W/o Gani Khan, came there and saw from the window of the house that blood was spread over inside the house. Upon receipt of information in this regard by them, the complainant went to the house of Smt. Dakhu Devi and saw that she was lying on the cot and one cloth (xqnM+h) put upon the body and upon inspection it was found that both the legs were cut down by someone and caused death of her and her ornaments, viz. "Kadla", ear tops and "Tussi" which she was wearing, were found missing. According to FIR one room was locked and other ornaments of Jeemni Devi, daughter-in-law of Dakhu Devi were also missing. The complainant apprehended that someone had killed his brother's wife and took away the ornaments from her body and house.

(3.) After registration of the FIR under Sec. 460 IPC, the S.H.O., Police Station-Padukallan, commenced the investigation.