KESAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THREE convicts Kesar Singh, Sharvan Singh and Mst. Badami Bai have preferred this appeal to challenge the judgment and order dated 19.12.2000 passed by the court of Special Judge, SC & ST( Prevention of Atrocities Cases) and Addl. Sessions Judge, Pratapgarh in Sessions Case No. 148/2000 by which the trial court convicted the three appellants for the charge under Section 302/34, IPC and all have been sentenced to undergo life imprisonment and with a fine of Rs. 10,000/ - each and in default of payment of fine, to undergo two year's simple imprisonment. During pendency of this appeal, the appellant No. 2 Sharvan Singh died and his appeal abated, therefore, the present appeal is on behalf of appellant No. 1 -Kesar Singh and appellant No. 3 Mst. Badami Bai. The appellants No. 2 and 3 are brother and mother of appellant No. 1 respectively.

(2.) AS per the prosecution case, on 2.9.1996, one Laxman resident of Rawatbhata gave an oral report which was transcribed as Ex.P.5. In the report Ex.P.5 he stated that his sister Asha is wife of Kesar Singh and their marriage took place about 14 -15 years ago. Asha had three daughters and one son. Asha's husband (brother -in -law of the complainant) used to beat his wife Asha. On the day of Rakhi, his sister came to the house of the complainant and told that her mother -in -law and husband and brother -in -law Sharawan Singh are harassing her. At that time complainant's mother Ganga and complainant's wife Prem were also present. According to the complainant, his sister told that her mother -in -law and her husband used to say that she is black and not beautiful.

(3.) AFTER framing of charge under Section 302, IPC against appellant No. 1 and under Section 302/34, IPC against appellant nos. 2 and 3, prosecution again examined witnesses PW -1 Munni Devi (old PW -7), PW -2 Geeta (old PW -10), PW -3 Shanker Lal (old PW -12), PW -4 Devi Singh (old PW -1), PW -5 Laxman Singh (old PW -6), PW -6 Ganga (old PW -13). Evidence of rest of witnesses were accepted by the accused to be read in evidence. The accused's statements were recorded under Section 313, Cr.P.C. on fresh evidence. The accused denied the allegations against them and stated that the victim Asha was suffering from the disease schizophrenia and she was under treatment for said disease. Earlier also she fell in one well due to her mental condition. In defence, accused -appellants produced DW -1 Dr. Chandra Shekhar, DW -2 Mohan Lal and DW -3 Ajmal Singh. The trial court, after considering the evidence of the parties, convicted the appellants under Section 302/34 IPC after rejecting the defence of the appellants that Asha committed suicide. It will be relevant to mention here that though the charge against appellant Kesar Singh was under Section 302, IPC, whereas charge against two other accused was under Section 302/34, IPC but appellant Kesar Singh has not been convicted under Section 302, IPC and has been convicted under Section 302/34, IPC along with other two accused persons for the same charge. The trial court while deciding the case proceeded under assumption that by the order of the trial court dated 28.10.1999 in place of two charges, one under Section 498A, IPC and another under Section 306, IPC, new and only charges under Section 302 and 302/34, were framed. Further, the trial court without recording acquittal of the accused from charge under Section 302, IPC, convicted the accused appellant No. 1 Kesar Singh under Section 302/34, IPC.