PAWANPURI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is against the judgment passed by the learned Sessions Judge, Udaipur in Sessions Case No.372/2001-State v. Pawanpuri , whereby the learned Sessions Judge, Udaipur has convicted the accused under Sections 302, I.P.C. and sentenced him to undergo life imprisonment and also imposed a fine of Rs.5,000/- and in default thereof, to undergo one year's rigorous imprisonment and also convicted the accused under Section 449,I.P.C. and sentenced the accused to undergo 10 years' rigorous imprisonment with fine of Rs.4000/- and in default thereof, to under to 10 months' rigorous imprisonment.

(2.) Brief facts of the case are that one Ram Chandra s/o Banshi Lal resident of House No.686 Sector No.11, Hiranmagari, Udaipur lodged the written report (EX.P.1) on 17.10.2001 that his sister-in-law (brother's wife) Vimla Devi was residing in upper floor of her House no.6, Sector No.11, Hiranmagari, Udaipur. In the lower portion, tenant J.P. Khare was residing. The complainant Ram Chandra's brother Shanti Lal received one information from cycle shop keeper, whose shop was in front of the said Vimla Devi's house, that Vima Devi is lying injured in the kitchen of her house and the blood is oozing out from her body. The complainant submitted that his sister-in-law was murdered but when she was murdered, he has no knowledge. On this information, a Case No.315/01 under Section 302, I.P.C. was registered by drawing FIR Ex.P.34. During investigation, site was inspected and site Inspection Report (Ex.P.2) was prepared. The body was found lying in the kitchen, in pool of blood and the blood was fresh at that time. The sample of blood was taken in polythene bag and was put in a container and was sealed and report Ex.P.3 was drawn. The broken blood stained bangles of the deceased, bunch of her hairs which were lying on the floor, were also taken in possession and were put in a sealed cover and Ex.P.4 was drawn. The photographs Ex.P.16 to Ex.P.26 of the spot were taken. The body was got examined and Post-mortem Report(Ex.P.29) was given by the doctor. Sari, Blouse and petticoat of the deceased, stained with blood, were also taken and were put in a sealed cover and Ex.P.5 was drawn.

(3.) On 21.10.2001, after fours days from the date of incident, the accused was arrested and his arrest memo (Ex.P.35) was prepared. The accused was examined by the doctor and he had three injuries as per the medical report (Ex.P.30). The doctor also found some blood on the nails of finger of the accused and, therefore, the portion of the nail was cut and was put in a sealed container and was sent to the FSL and this fact was recorded by the doctor in Ex.P.31. Ultimately, the above articles seized during investigation, were sent to the FSL vide Ex.P.27 and the FSL gave its report Ex.P.38. The accused's pent and shirt which were recovered during investigation and the nails which were sent to the FSL, all were found stained with human blood with Group-A and the clothes of the deceased also had blood stained with A-Group.