STATE OF RAJASTHAN Vs. KANTILAL

JUDGEMENT

(1.) THE appellant Kantilal has been convicted under section 302, Indian Penal Code and sentenced to death. THE learned Sessions, Judge, Jalore has made a reference to this Court for confirmation of the death sentence.

(2.) THE facts leading to the prosecution of the appellant briefly stated are these:

(3.) P. W. 13 went to the house of Malaji, father of the appellant, where he found the appellant sitting with his father. Bhanwar Singh (P. W. 7) also had accompanied him. When these two witnesses questioned the appellant why he had done so, the appellant confessed before them that he committed the murder of his wife in anger. Malaji (P. W. 2), who was present when the appellant confessed, has turned hostile for obvious reasons, being father of the appellant. The evidence of Bhanwar Singh (P. W. 7) and Mishrimal (P. W. 13) finds corroboration in the earliest statement made by P. W. 13 in Ex. P. 13. Therefore, we are convinced that what these two witnesses have stated is a true version.