HANUMANRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal filed by the appellant, while in jail, was received by post and was accordingly registered as such. The same has been preferred against the order and judgment dated 18.06.2010 passed by the Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No.04/2009, whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs. 10,000/- and in default of payment of fine to further undergo one year's Simple Imprisonment.

(2.) Shri Sheetal Kumbhat was appointed as Amicus Curiae to assist the Court on behalf of the appellant being unrepresented before this Court.

(3.) As per the prosecution story, on the night of 22.09.2008, a written report was received at the Police Station Surpalia, district Nagaur which was signed both by PW-10-Bhanwarlal - complainant and PW-7 Pukhraj. As per the said written report, complainant - Bhanwarlal as usual was sleeping in the courtyard of his house when he heard the loud crying of his grand-daughter Guddi aged 5 years who was sleeping with her father Hanuman Ram and mother Phephi on the terrace. Bhanwarlal accordingly ran inside the house and woke up his wife Jhamku and told her to go and see on the terrace as to why she was crying. His wife Jhamku went on the terrace and found that their son Hanuman Ram was missing and his wife Phephi was lying dead. She came down bringing the little girl along with her and told Bhanwarlal of what she had seen. She also informed that blood was oozing out of the mouth of Phephi and Hanuman Ram had run away after killing his wife Phephi. Thereafter, Bhanwarlal went to the house of Sarpanch Sugnaram along with his brothers and told him the entire story. The Sarpanch accordingly informed the police on phone. A written report Ex.P/3 signed by complainant and son of Sarpanch was given to the police. An FIR was accordingly registered on the basis of the said written report on 22.09.2008 at 05:15 p.m.