RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The counsel for the appellant had pleaded no instructions in the matter, therefore, on 27.09.2018 Mr. Bhagat Dadhich, learned counsel was appointed as Amicus Curiae to argue on behalf of the accused-appellant and the matter was adjourned for hearing on 28.09.2018.

(2.) The present criminal appeal has been preferred by the accused-appellant Ramswaroop against the judgment dated 009.2011, passed by learned Additional Sessions Judge Nohar, District Hanumangarh in Sessions Case No.16/2011 by which the appellant has been convicted for offences under Sections 302, 323 & 342 IPC and sentenced as under:

(3.) The prosecution story emanates from the fact that on 25.02.2011 a telephone call was received by Shri Ranveer Singh, SHO, Police Station Rawatsar (PW-7) in which it was informed that Ramswaroop who lives in Gandheli has killed his wife, therefore, after recording this information in the Rojnamcha (Daily Diary) as DD entry No.1499(Ex.P-17), he reached the place of incident, where a written complaint (Ex.P-1) was submitted by Bhaira Ram (PW-4), the father of the deceased Anjana on the same day. In his complaint, Bhaira Ram stated that his daughter Anjana was married to Ramswaroop S/o Purn Ram, R/o 12 GB, Tehsil Vijaynagar, Sri Ganganagar. After keeping his daughter well in the first two years of marriage, the accused started beating her and when all conciliation proceedings failed, a case for the offence under Section 498 IPC was filed against the accused Ramswaroop. The relationship remained strained for sometime but after counselling by the Court, they started living normally for last six months. On 24.02.2011 Ramswaroop killed his wife Anjana in his home town Gandheli and after beating his son he was locked in a separate room. On the next day i.e. 25.02.2011 in the morning when neighbours heard the noise of crying of the child, they entered into the house by scalling the wall and saw that the kid (son of deceased Anjana) was weeping in the room. The room was locked from outside. He was taken out of the room and on entering the other room they saw that Anjana was lying dead in a pool of blood. On asking the kid Mayank, he told that his father has killed his mother Anjana and after giving beatings to him he was locked in another room. On the aforesaid complaint, a formal FIR was registered and the matter was investigated by the police. After completion of investigation a charge-sheet for the offences under Sections 302, 323 and 342 IPC was filed against the accused-appellant.