GIRDHARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Girdhari Lal is the husband of deceased Smt. Sajna, whose real brother Mani Ram, the informant when came to know about his sister missing since 2.6.2000 made a search all around and for that purpose he also went to the house of accused s sister in Village Narasra but there also he could not found his sister on which he lodged a missing report on 13.6.2000 at the Police Station, Kotwali Churu and continued his search. On 20.6.2000, he came to know about the whereabouts of accused Girdhari Lal being present in Dhani of Sriram whereupon he along with his uncle Basesar, Dungra Ram and also maternal uncle Shishpal, Surja Ram went to said Dhani where Girdhari Lal was present. He made an enquiry about his sister s whereabout, on which Girdhari Lal replied that a mistake has been committed by him and he has killed Smt. Sajna. Upon this confession, he went to the police station and lodged an FIR against accused-appellant Girdhari Lal.

(2.) The police after investigation submitted challan against the accused under land 201 I.P.C. in the Court of Additional Sessions Judge (Fast Track), Ratangarh, Distt. Churu. The accused denied the charges levelled and claimed for trial. The prosecution in all produced sixteen witnesses and exhibited documents Ex.-P/1 to Ex.-P/29. The accused-appellant in his statement under Section 313 Cr.P.C. denied the allegations of the prosecution witnesses and pleaded that he was in the Dhani of Sriram for last two months before the incident and his children were dropped at his brother s residence. Three witnesses were also produced in defence.

(3.) The trial court after evaluating the oral as well as documentary evidence discarded the theory of alibi put-forth in defence by the accused and convicted the accused under Section 302 I.P.C. and sentenced him to undergo life imprisonment along with fine of Rs. 1,000/-; in default thereof further to undergo one years rigorous imprisonment. The accused-appellant has preferred this appeal against the said judgment.