SUKHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been preferred by the accused-appellant Suka @ Sukh Lal against the judgment dt. 18/8/2010, passed by learned Additional Sessions Judge (Fast Track), Banswara in Sessions Case No.05/2010 by which the appellant has been convicted for offence under Sec. 302 IPC and sentenced for life imprisonment with a fine of Rs.1000.00, in default of payment of fine to further undergo one year's simple imprisonment.

(2.) Briefly stated facts of the case are that on 11/10/2009, PW-1 Roopa lodged a complaint stating therein that on 11/10/2009 at around 2:30 PM while he was at his residence, his nephew Hitesh S/o Sukh Lal who is six years old came to his house and told that his father is beating his mother. He went to the house of Bhura who is the father of Sukhlal and his brother where he saw that accused Sukh Lal was giving beatings to his wife Surta and when he tried to intervene, accused ran away from the spot. Surta was lying in a pool of blood in the courtyard. When he shouted, Samsu and Shankar came on the spot. Surta died due to the injuries suffered by her on the head and both the hands. The parents of the accused were not at home. Sukh Lal killed his wife Surta by giving axe blows.

(3.) On the aforesaid complaint, an FIR bearing No.257/2009 at Police Station Gadhi, District Banswara was registered for the offence under Sec. 302 IPC and, thereafter, the matter was investigated by the police.