KAMLESH KUMAR PANCHAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has preferred this Jail appeal aggrieved by judgment and order dated 14.05.2013 passed by Additional District and Sessions Judge No.18, Jaipur Metropolitan vide which Court below has convicted the appellant for offence under Section 302 IPC and has sentenced him with imprisonment for life (till death) and a fine of Rs. 1,000/-.

(2.) Briefly stated facts of the case are that the appellant alongwith his wife stayed at Anuja Hotel, Jaipur. He checked in at hotel on 8.7.2011 and stayed at Room No.205 On 16.7.2011 appellant asked the room boy to bring coffee. Thereafter he asked the room boy to bring cigarette. The room boy found some foul smell coming from the room so he informed the owner of the Hotel. Owner of the hotel called-up the police and when the police got the room opened, appellant informed the police that he has killed his wife by compressing her neck. FIR Ex.7 was lodged with the police on the same day at 10.50 a.m. Police after due investigation submitted charge-sheet under Section 302 IPC against the appellant.

(3.) Court below after hearing charge arguments, framed charges under Section 302 IPC. Appellant denied the charges and sought trial. 13 witnesses were examined on behalf of the prosecution and 37 documents were exhibited. Thereafter accused-appellant was examined under Section 313 Cr.P.C., 1973 Appellant in his examination under Section 313 Cr.P.C., 1973 stated that he has killed his wife because she wanted to die. He further stated that he also wanted to end his life.