BHANWARA RAM Vs. STATE

JUDGEMENT

(1.) These two appeals arise out of common judgment passed by the learned Addl. Sessions Judge (F.T.) Pali, date 17.8.2002, in Sessions Case No. 1/2002, convicting the appellant for offence under Section 302 I.P.C., and sentencing him to undergo imprisonment for life, and also imposing a fine of Rs. 5,000/-, in default of payment of fine to further undergo six months rigorous imprisonment. One appeal being Appeal No. 951/2002 has been filed by the accused from jail, while the other Appeal No. 855/2002 has been filed by the accused as represented appeal. As such, both the appeals are being decided by this common order.

(2.) Brief facts of the case are, that on 14.10.2001 at about 11.35 in the night Control Room informed S.H.O., P.S. Kerala to the effect that telephone has been received from Sarpanch of village Gadvara that a lady has been murdered in village Jetpur, which telephone was received by the Supdt. of Police. The S.H.O. went on the spot along with force on 15.10.2001, where, at about 6 in the morning Bhera Ram S/o Sona Ram husband of the deceased submitted a written report Ex.P-24, to the effect, that he has 5 daughters and two sons; out of them elder daughter Kamli was married to the appellant some 2 years ago, the accused was living along with the informant, and was grazing his herd. It was alleged that about an year ago the accused 400k his daughter to his native village Feench. However, after few days he returned to Jetpur. With this it was alleged that on 14.10.2001 at about 10 in the morning the accused and wife of the informant Moni (mother in law of the appellant) had gone to graze the herd in the forest, while his daughter Kamli wife of the appellant and one Jaga Ram S/o Harlal had gone to graze t he camels, who informed that at about 6 in the evening they had seen the appellant and the deceased Moni grazing herd near Pritam Nadi. It is then alleged that at about 8 in the evening the herd of the sheep came all alone, whereupon search was made of the appellant and Moni, and on the basis of the information received from Kamli and Jagaram search was made near Pritam Nadi, where there are trees of prosopis juliflora (Angreji Babool), there in the grass the dead body of Moni was lying smeared in blood, and was having injuries on forehead, and throat. It was also alleged that the deceased had been killed by his son in law, the appellant, and has thrown the dead body there, and has absconded. It was also alleged that the appellant was living in his house as Ghar Jawai, but he did not want to live, and he has committed the offence. The Lathi of the appellant smeared with blood, the footwear of the deceased, and a blood stained blade was lying on the spot. The "Odna" of the deceased was also smeared with blood. On this report a case was registered under Section 302 I.P.C., and after the investigation, including site inspection, the things found on the spot were seized, autopsy was got conducted, the wearing apparels of the appellant were seized, the accused was arrested, and on his information, the weapon of offence, being knife, was recovered. The seized articles were sent to Forensic Science Laboratory, and ultimately challan was submitted.

(3.) The learned trial Court framed charges which obviously were denied by the accused. The prosecution then examined some 20 witnesses to support the case, and produced some 28 documents in evidence, and 12 articles were got exhibited.