KHUSALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Additional Sessions Judge, Jalore dated July 29, 1976, by which the appellant Khusala was convicted under Sections 302 and 309, IPC and was sentenced to imprisonment for life with a fine of Rs. 200/ - on the first count and to six months' rigorous imprisonment with a fine of Rs. 500/ -on the second count. Substantive sentences were directed to run concurrently.

(2.) BRIEFLY recapitulated, the prosecution case is that Smt. Aaiji was married to the accused Khusala nearly 10/12 years before 1975. Smt. Aaiji give birth to two children. The accused and Smt. Aaiji along with their children were living separatety from his parents in a Dhani which they had raised in a field in village Oadkha P.S. Barmer. The relations between the husband and wife, however, could not remain sweet.

(3.) WE have heard Mr. P.R. Chaudhary learned Counsel for the appellant and the learned Public Prosecutor. We have also gone through the case file carefully.