MOTI LAL @ MOTI RAM S/O BHERA RAM, BY CASTE BAORI, R/O GUDA MAHARANM, TEHSIL DESURI, DISTRICT PALI [AT PRESENT LODGED IN CENTRAL JAIL AT JODHPUR] Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Sec. 374 (2) of the Crimial P.C. the accused appellant has challenged the judgment dated 20.12.2006 passed by the learned Addl. Sessions Judge (FT), Bali in Sessions Case No.19/2006 whereby the accused appellant was convicted for the offences under Sections 302 Penal Code and for the offences under Sec. 3/35 and 3/27 of the Arms Act and following sentence was passed against him: <FRM>JUDGEMENT_84_LAWS(RAJ)1_2017_1.html</FRM>

(2.) As per facts of the case, a written report (Ex.P/15) was filed by Moda Ram (PW - 9) at Police Station Rani stating therein that well (Arath) is situated at village Nadol, there is no water in the well, where I am residing with my wife. My all the sons are residing out of village for earning their livelihood. Today i.e., on 25.4.2006 at about 9.00 pm my wife in daily routine went near well (Arath) for collecting fire woods and Chhara . In the evening at 4'O Clock my relative Jetha Ram S/o Tikam Ji Choudhary, my nephew Kheema Ram, Achala Ram and wife of my nephew Sukhi and Shanta went at my well Niwariya in tractor to collect fire woods where they saw that dead body of my wife Umi, aged about 68 years was lying there. One blood stained stone was lying near the body, therefore, it is obvious that some unknown person inflicted injury upon her head and caused death of my wife. It is also stated that the gold ornament Bor and ring of nose having weight of 7 and 4 grams respectively were not found upon her body.

(3.) Upon receiving such information, the complainant immediately went on spot and shifted the body in the trolley of tractor. It is prayed by the complainant that body of his wife is lying in tractor trolley, therefore, investigation may be conducted so as to convict the person who murdered my wife.