ROODA RAM Vs. STATE

JUDGEMENT

(1.) The present appeal has been filed by Rooda Ram son of Shri Sunda Ram. The case of the prosecution, as it emerges in the charge formulated against the accused appellant is that on 21.9.1988, between 12:00 - 1:00 PM, in the Khatiyon-Ka-Dhani in village Kishanpura, he caused knife injuries to his wife Smt. Nathi and committed her murder. Thus, he was held liable to be punished for the offence under Section 302 IPC.

(2.) The appellant pleaded not guilty and claimed trial. The prosecution, in order to secure conviction of the appellant, examined seventeen witnesses, namely Phooli (P.W.1), Banshi (P.W.2), Mohan Lal (P.W.3), Radhey Shyam (P.W.4), Ghisaram (P.W.5), Dalaram (P.W.6), Sualal (P.W.7), Jeevanram (P.W.8), Jagdish Prasad (P.W.9), Amarchand (P.W.10), Bhagwan Sahai (P.W.11), Laxman (P.W.12), Peetharam (P.W.13), Nandram (P.W.14), Dr. Kamal Kumar (P.W.15), Prahlad (P.W.16) and Jagan Lal (P.W.17). Thereafter, the statement of the accused was recorded under Section 313 Cr.P.C. The accused denied all incriminating circumstances. The accused pleaded alibi by saying that he was ailing on the date of occurrence and he had gone to the house of his sister Phooli (P.W.1) for bringing medicines. His wife had accompanied him and after two or three days, his wife had left the house for visiting her parents. No witness was examined in defence.

(3.) The court of Additional Sessions, Jaipur, District Jaipur, vide impugned judgment dated 27.4.1992 held the appellant guilty of offence under Section 302 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 500/-, in default thereof, to undergo additional two months SI.