RAMDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by appellant-Ramdhan, under Section 374(2) Cr.P.C. challenging the judgment and sentence dated 28.01.2011 passed by learned Sessions Judge, Shahpura, Bhilwara in Session Case No. 64/2009 (18/2008) whereby the learned trial court convicted the accused appellant for offence under Sections 302 of IPC and Section 3/25 of the Arms Act and passed following sentence :

(2.) Briefly stated, the facts of the case are that a verbal complaint was lodged by Magna Gurjar (PW.1) at Police Station-Phuliakalan, District Bhilwara on 14.02.2008 at M.G. Hospital, Bhilwara, in which allegations were levelled by him that marriage of his sister, namely, Smt. Ajan was solemnized with accused appellant Ramdhan and from their wedlock, three issues were born. Yesterday, on 13.02.2008 at about 08.00 PM when he was at his residence, his nephew (sister's son), namely, Bunty came to his house and said that his father has inflicted gunshot injury in the stomach of his mother. Upon receiving such information, the complainant and his two sisters went to the house of deceased, Smt. Ajan and saw that deceased was lying on the floor injured and blood was oozing out. According to complainant, her husband-Ramdhan (appellant) was also sitting there, and upon enquiry being made by the complainant from his sister Smt. Ajan with regard incident, then Smt. Ajan informed that my husband-Ramdhan inflicted gunshot injury to me. The complainant and Nemichand and Prhalad Kumawat, took injured Smt. Ajan to hospital at Shahpura, where after examining the injured, she was referred to Bhilwara Hopsital. Injured Smt. Ajan, wife of the appellant was admitted at M.G. Hopsital, Bhilwara. However, while under treatment on 14.02.2008 in the morning at 04.00 AM she died. As per complainant, accused appellant-Ramdhan caused gunshot injury to deceased Smt. Ajan and due to said injury she died.

(3.) Upon the aforesaid verbal report, Sabir Khan (S.I.), after recording the verbal information, registered a case vide F.I.R. No. 25/2008 at 02.30 PM on 14.02.2008 and commenced the investigation.