BHAGWANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement of the learned Additional Sessions Judge (FT) No.1, Beawar, District Ajmer whereby the accused-appellant Bhagwana Ram has been convicted for offence under section 302 IPC and sentenced to life imprisonment with fine of Rs.10,000, in default whereof, he was to further undergo simple imprisonment of one year.

(2.) Facts of the case are that the informant Vinod Kumar (PW2) submitted a written report to SHO Police Station Sadar, Beawar at 7.30 AM on 15.7.2008 stating that he was resident of village Andheri Devri. His sister Santosh aged 27 years was married to the accused-appellant Bhagwana Ram S/o Dhula Ram, R/o Nundri Maldev in 2000. They used to reside in their own house near Udaipur Octroi Outpost. His sister was working as a labour with Shree Cement. She came to her parental house after working in the factory premises of Shree Cement in the evening of 14.7.2008. She told the informant that her husband used to beat her and used to pressurise her to bring money from her parents and when she failed to satisfy his demand, he used to frequently beat her. The informant assured her that they will arrange some money for him. Santosh then went to her house at 5.30 PM on that date. Ajit Ram S/o Ganesh Ram, R/o village Nundri Maldev informed the informant at 7.00 AM in the morning on the following day i.e. 15th July that Ramlal S/o Heera Ram resident of Village Nundri Maldev has informed him on telephone that Santosh has been murdered. On coming to know about this, the informant along with his younger brother Rakesh went to the house of Santosh. Large number of people assembled there. The informant and Rakesh climbed the roof of the house by steps. They saw dead body of Santosh lying in a pool of blood. There were injuries by sharp edged weapon on the face, neck and chest of the deceased. The blood was spread on the roof. Husband of Santosh Bhagwana Ram and his elder brother Ganesh were sitting outside the room of their house. Those present there informed him that Bhagwana Ram has put his wife (Santosh) to death by use of kulhari on the previous night. When he (informant) inquired from Ganesh, the elder brother of accused-appellant about the murder of his sister, he (Ganesh) started quarrelling with him (informant). Action be taken against the culprit.

(3.) On receipt of the aforesaid information, police lodged regular First Information Report no.310/2008 for offence under Section 302 IPC and commenced the investigation. During the course of investigation, the accused-appellant was arrested. On conclusion of the investigation, the police filed charge sheet against him for offence under section 302 IPC. The prosecution produced 14 witnesses and exhibited 42 documents, whereas the defence produced one witness Ganesh Ram and exhibited two documents. The learned trial court on conclusion of the trial, convicted and sentenced the accused-appellant in the manner as indicated above. Hence this appeal.