OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellant to challenge the judgment dated 14/12/2010 passed by the Additional Sessions Judge (Fast Track) Nagaur in Sessions Case No. 22/2009, whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs.20,000/- in default of payment of fine, to further undergo six months simple imprisonment.

(2.) The fact narrated in the complaint lodged by Bhanwar Lal discloses that he is resident of Igyar. His sister Sugnai was married to accused Om Prakash son of Luna Ram Jat, R/o. Tarnau for last 20 years. She was in the matrimonial home for last 10-11 years. She had a son who was five years of age. His sister Sugnai was harassed and beaten by her husband Om Prakash, mother-inlaw Radha and brother-in-law Babulal for last 4 to 5 years. Today, he received a call on which he went to Tarnau at 12 O' clock. When he went to Sugnai's house, she was sitting in the room upstairs in a state of fear. When he asked Om Prakash, he told that his sister quarrels with him and when he asked his sister Sugnai, she could not say anything under fear. He requested to send Sugnai along with him but Om Prakash refused. Thereafter, he and Shaitan Ram who accompanied him went back to their village at around 2 p.m. At around 5 p.m., he received an information that Sugnai has been killed. On getting this information, he along with his family members including Tulcharam, Ram Prasad, Narayan Ram and Bhanwar Lal Manda went to Tarnau. He saw Sugani was lying dead on a cot. She was having injury marks in her neck. She had been killed by her husband, mother-in-law, and brother-in-law by beating.

(3.) On this information, a formal F.I.R. No.13/2009 was registered and investigation was conducted and challan was filed under Section 302 IPC against the accused appellant.