UKARDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Sessions Judge, Jalore dated January 31, 1983 convicting the accused Ukarda under Section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 200/ -, in default of the payment of fine to further undergo three months' rigorous imprisonment.

(2.) AT about 10.30 a.m. on May 23, 1982, PW 1 Ratna Rebari of village Wadal appeared at Police Station, Raniwara District Jalore and verbally lodged report Ex. P 1 which was taken down in the Rojnamcha. It was stated therein that his sister Shrangi was married with the accused seven/eight years ago. She was living with the accused in village Paal situate a couple of kilometres away from his village. The accused was not sending his sister to her parentss' house. It was further stated that the accused's father Manra (PW 11) came to his house at sun -rise time and told him and his mother that Shrangi had expired on account of some ailment in her stomach. He and his mother immediately went to the accused's house in village Paal and found Shrangi's dead body lying on the floor in the Oasri. He sensed something foul. Shrangi had not met the natural death. The Station House Officer Hari Singh (PW 14), after recording the aforesaid report, arrived on the spot and initated an action under Section 174, Cr.PC. He prepared the inquest report Ex. P 3 of the victim's dead body. Some abrasions were found on her neck and inflation on her ears. He also suspected that the death was not natural. The post -mortem examination of the victim's dead body was conducted in the noon on the same day by PW 12 Dr. Bishnoi. He found some ante -mortem bruises and a pale groove over the victim's dead body. In the opinion of the doctor, the cause of death was asphxia due to strangulation. He prepared the post -mortem examination report Ex. P 13. On the receipt of this post -mortem report, the Station House Officer prepared the FIR Ex.P 18 on the same day and registered a case under Section 302 IPC against the accused. During investigation, it revealed that the accused had strangulated his wife Shrangi in the night between 22nd and 23rd May, 1982 and thereafter went to PW 8 Ranma and PW 13 Surta both residents of village Wada and confessed his guilt before them. He stated before them that his wife Shrangi wanted to go to her parent's house and he did not allow her. This led to some dispute and exchange of hot words batween them. Shrangi started abusing him and he lost the head. He thereafter strangulated her to death. The accused was arrested on May 24, 1982. After when the investigation was over, the police filed a charge sheet against the accused in the Court of the Munsif cum Judicial Magistrate, Bhinmal, who, in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge under Section 302 IPC against him, to which he pleaded not guilty and faced the trial. In support of its case, the prosecution examined 14 witnesses and filed some documents. In defence, the accused examined one witness. He pleaded alibi and stated that in the fateful night, he was away in some other village. On the conclusion of the trial the learned Sessions Judge found the testimony of PW 8 Ranma and PW 13 Surta reliable and dependable. He accepted their evidence that the accused made an extra -judicial confession before them just after the incident that he had strangulated his wife to death. Taking this extra -judicial confession as sufficient to prove the guilt against the accused, the learned Sessions Judge convicted and sentenced the accused as mentioned at the very out set. Aggrieved against his conviction, the the accused has taken this appeal.

(3.) LEARNED Counsel for the accused did not challenge the testimony of PW 12 Dr. Bishnoi relating to the cause of death. We have also gone through the statement of Dr. Bishnoi and find no reasons to distrust his opinion about the cause of death of Shrangi. The death of Smt. Shrangi was homicidal and not natural. She was strangled.