BHANWAR SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Sessions Judge, Jhunjhunu, convicting the accused-appellant under S.302, I.P.C. and sentencing him to life imprisonment and a fine of Rs. 100/-, and in default of payment of fine to further undergo three months R.I., and further convicting the appellant under S. 301, I.P.C. and sentencing him to two years' R.I. and a fine of Rs. 100/-, in default of payment whereof to further undergo one month's R.I.

(2.) Gangu Singh (PW 9), uncle of the deceased Smt. Vimla lodged a report (Ex.P. 13) at P. S.Sujangarh on 22-5-84 stating that Smt. Vimla, daughter of his elder brother Jagmal Singh, was married to Bhanwar Singh accused some 8-9 years before and she used to stay with him. She had given birth to a child but the same had also expired. On 26-3-84 Keshat Singh had come to him and informed him that Vimla had gone somewhere being annoyed from her husband on 23-3-84 and a search was being made but so far she has not been traced out. On that day, he and Meghsingh went to the accused-appellant, and after giving him full assurance made inquiries. Thereupon the accused started weeping and while touching his feet told that he had committed a mistake and he had killed Mst. Vimla in anger, and because he and Megh Singh both believed his statement, he was making the report in the police.

(3.) The police registered a case against the accused-appellant and after usual investigation submitted a challan before the magistrate, who committed the case to Sessions, and the learned Sessions Judge after trial convicted and sentenced the accused as stated above. However, the learned Sessions Judge acquitted the accused Laxman Singh. Hence this appeal by Bhanwar Singh accused-appellant.