RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by accused Ram Singh against his conviction under Section 302 and 325, I.P.C. by the learned Additional Sessions Judge, Hanumangarh vide his judgment dated November 5, 1981.

(2.) THE facts giving rise to this case are that accused is a resident of village Surewala and his sister deceased Smt. Pyari is a widow. Smt. Pyari was residing in the village Surewala along with her two daughters PW 2 Miss Panchi and PW 3 Miss Darvesh. On April 11, 1981, at about 12.00 or 1.00 p.m., Smt. Pyari alongwith her two daughters went for bath near the canal. All the three had already taken their bath and were washing their clothes, the accused, armed with a Kripan, came there and told Mst. Pyari that why she has developed illicit relations with undesirable persons. Thereafter he immediately took out the Kripan and attacked Mst. Pyari. He gave several blows with the Kripan on the body of Mst. Pyari, as a result of which she fell down. Thereafter she expired on the scene. PW 3 Miss Darvesh, when saw her mother being beaten, intervened but she was also given a blow with the Kripan on her right hind. They shouted for help. Thereafter they ran away from the seas and informed one Shanker and then went to the village for some help When they returned back to the site, they found that their mother was lying dead on the scene. They started weeping. At that stage, the Station House Officer Mr. Bootasingh of the Police Station reached on the site. Thereafter necessary investigation was taken up and the accused was rounded up. After closing of the investigation, the accused was charged under Sections 302, 326 and 324, I.P.C. He was sent for the trial under the aforesaid charges. The prosecution examined eleven witnesses and got a large number of documents exhibited. The accused, in his statement under Section 313, Cr. P.C. denied the charges and submitted that Mst. Pyari was a lady of easy virtues. The learned Additional Sessions Judge, after due trial, convicted the accused under the aforesaid sections. Aggrieved against this, the accused has preferred this jail appeal.

(3.) WE have heard the learned Counsel for the parties and have perused the record.