RAM KHILADI ALIAS KHILADI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GRIEF and the pain suffered by married woman Guddi did not rise to the lips and find a cry, lies festering in the heart, like a drop of water that did not find its way to the sea but became mixed with a handful of dust and so got burried in the earth. Guddi, within five years of marriage died in the house of her husband Ram Khiladi @ Khiladi (appellant herein ). The cause of death was asphyxia as a result of smothering. The appellant was put to trial before learned Sessions Judge Sawai Madhopur, who vide judgment dated December 20, 2002 while acquitting the appellant of the charge under section 498a convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 5000/-, in default to further suffer simple imprisonment for three months.

(2.) A written report was handed over at 6. 30 PM on July 31, 2001 by Kanhaiya Lal (Pw. 1) at Police Station Bahrounda Kala with the averments that his daughter Guddi, who was married to Ram Khiladi, died in her Sasural. Her Jeth came to village Khandar and informed Kanhaiya Lal about the death of Guddi. In the report Kanhaiya Lal prayed to make and enquiry about the death of Guddi. On that report proceedings under Section 176 Crpc were initiated and matter was inquired by SDM Sawai Madhopur. SDM submitted his report and case under section 302 and 498a IPC was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge Sawai Madhopur. Charges under sections 498a and 302 IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 27 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence. He further stated that Guddi was ill and her treatment was going on and on the day of incident since Guddi was suffering from fever, he had gone to well for washing clothes. On return to home he found that fog was coming from nose and mouth of Guddi. She was taken to hospital where she died during treatment. Three witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above.

(3.) COMING to first circumstance we find that the death of Guddi was homicidal in nature. As per postmortem report (Ex. P-21) following antemortem injuries were found on the dead body:- &nbsp&nbsp&nbsp&nbsp&nbsp" 1. Bruise present on upper & lower eyelid & extending upto the upper part of nose on medial side below upto the Rt. maxillary prominence. 2. Bruise present inner & Rt. part of lower lip 1cm x 1cm. " Dr. Bajrang Lal Meena (Pw. 21), who performed autopsy on the dead body, opined that cause of death was Asphyxia due to suffocation probably due to smothering.