GOPAL TANK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement dated 28.6.2011 passed by the Additional Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur in Sessions Case No. 117/2010 by which accused-appellant Gopal Tank has been convicted for offence under section 302 IPC and sentenced to undergo imprisonment for life with a fine of Rs. 2,000 and in default whereof to further undergo simple imprisonment of one month.

(2.) Brief facts giving rise to this appeal are that Shri Dharmveer Singh, SHO, Police Station Harmada, Jaipur lodged an FIR at Police Station Harmada, Jaipur on the basis of the parcha bayan recorded on 01.10.2010 of deceased Smt. Sunita at Burn Ward, S.M.S. Hospital, Jaipur under Sections 498A, 307 IPC as FIR No. 412/2010. After investigation, the police submitted challan under Section 304-B read with Section 302 IPC before the Judicial Magistrate, Chomu, District Jaipur and the case was committed to the learned Sessions Judge, Jaipur, District Jaipur on 27.11.2010 for trial. Prosecution produced ten witnesses and exhibited 15 documents in support of its case. The statement of the accused appellant was recorded under section 313 Cr.P.C., 1973 and for his defence three witnesses were examined. On the basis of the evidence available on record and after hearing both the parties, the learned trial court convicted and sentenced the accused appellant by its judgment dated 28.06.2011 in the manner as stated above.

(3.) Shri Santosh Kumar Jain, learned counsel for the accused appellant has argued that the impugned judgment, being against the material and evidence available on record, is illegal, arbitrary, unjust and improper. The prosecution witnesses PW1 to PW10 have not stated in their statements that the appellant has committed offence under Section 302 IPC. Their statements are contradictory to each other. Not even a single witness has proved the offence of Section 302 IPC against the appellant. The appellant had no intention to murder the deceased and they loved each other. There is no proof of any dispute between them and even the mother of deceased and house owner have not stated anything regarding any dispute between them.