RAMLI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal filed by the accused Ramli is directed against the judgement dated Jan. 13, 1973 of the learned Sessions Judge, Jhunjhunu, whereby he convicted the accused-appellant under Sec. 302 I. P. C. for committing the murder of Mst. Prabhati, a girl 19 years of age by pushing her into the well. She was sentenced to imprisonment for life.

(2.) Tersely speaking the prosecution story as disclosed at the trial is that a day preceding the date of the incident the accused-appellant and Mst. Prabhati (since deceased) quarrelled with each other in the morning regarding cutting of fodder by Ramli from the field of the deceased. On the same evening some scuffle took place between them on the well and during the course of the scuffle the bucket of Mst. Prabhati struck against Ramli resulting in an injury on the head of accused Ramli. She was clinically examined by Dr. Ramakant PW 6, who noted a lacerated wound 3/4 x 1/4" x 1/4" on the left side of forehead, 1/2" from the frontal eminence. Ramli felt aggrieved and throughout the night she went on calling names to Mst. Prabhati. It is alleged that on the next day in. the morning Mst. Prabhati (since deceased) went to fetch water on the well known as Dhani Bhadar Singh-ka-Kua. While Prabhati was drawing water from the well the accused rushed on the well and pushed the former into the well as a result of which she was drowned and ultimately died. This occurrence was witnessed by PW 2 Mst. Gulli and PW 3 Narain Das and some other persons. The first information report Ex. P/1 of this occurrence was lodged at the Police Station, Sri Madhopur by Ganesh Das PW 1 on Aug. 26, 1971 at 1.30 p.m.

(3.) The autopsy on the dead body of Mst. Prabhati was performed by PW 6 Dr. Ramakant. He found no external injury on the dead body. According to the doctor the cause of death of Mst. Prabhati was asphyxia due to drowning and the duration of the death was about one day. The police after due investigation submitted a challan in the Court of Additional Munsif Magistrate, Neem-Ka-Thana, who after taking proceedings under Sec. 2.07A Cr. P. C. committed the accused to take her trial in the Court of Sessions.