KAILASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been filed challenging the judgment dated 29.08.2012 passed by learned Special Judge (Women Atrocity Cases), Bhilwara in Sessions Case No.51/2009 whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced for life imprisonment for offence under section 302 IPC with a fine of Rs. 10,000/-, in default of payment of fine to further undergo six months simple imprisonment.

(2.) In short, the prosecution story as revealed from the complaint lodged by PW8 Rajesh is that he is resident of Harijan Basti, Bhilwara. On 06.07.2009 while he was having tea at his house, at around 5:30 am in the morning, his brother in law Kailash came to his house and said that his sister Asha had died last night. At the same time, Ram Bhajan S/o Ram Charan Harijan came to his house. Rajesh told his brother in law that his sister was hale and hearty, how she has died. On asking this question to his brother in law, he informed him that last night, heated altercation took place between them and he had given beatings to Asha resulting into her death. He along with Ram Bhajan and his brother in law went to the house of accused Kailash and saw that Asha was lying dead on the bed in the room. There were multiple injuries on the face, chest, hand, leg and neck of the body of his sister Asha. He immediately informed his cousin brother Rajesh who came on the spot and neighbours Mahavir, Ratan Ji and other residents of the vicinity came on the spot in the house of Kailash. Kailash was also present and on asking him, he informed that because of the quarrel and heated altercations, his temper went out of control and in the state of anger, he gave beatings to deceased with a stick (Danda) resulting into her death. He felt sorry for the occurrence. His nephew Puran who is son of accused Kailash was in his village was informed and called. Puran came at about 9:30 am in the morning. In this way, his brother in law Kailash had killed his sister Asha by giving her beatings. After arrival of his nephew Puran, the report was submitted.

(3.) On this report, a formal FIR No.421/2009 was registered and investigation was conducted. The police filed challan against the accused-appellant for the offence under section 302 IPC.