DADAMCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant Dadamchand stands convicted and sentenced as hereunder, vide judgment impugned dated 28.5.2016 passed by the learned Addl. Sessions Judge No. 5, Udaipur, in Sessions Case No. 76/2016, CIS No. 653/2014:

(2.) The facts in brief, relevant for disposal of the appeal, are as under: A written report (Ex.P.-20) dated 6.7.2012 came to be filed by the accused-appellant Dadamchand with the SHO Police Station Phalasiya, District Udaipur, stating therein that while he was sitting on the shop with Gopal Chand, in the evening of 5.7.2012 at about 8.30 p.m., his wife Smt. Hansi Devi was hit by a motorcycle being driven rashly and negligently by its driver when she had come out of the house to answer the call of nature. It was averred that when he alongwith Gopal Chand was taking Smt. Hansi Devi for treatment in a hired jeep, she expired on the way. It was submitted that body of his wife was lying at home. On the aforesaid report, an FIR No. 96/2012 (Ex.P.-21) dated 6.7.2012 was lodged under Section 304-A I.P.C.

(3.) During the course of investigation, a written report (Ex.P.-7) dated 7.7.2012 came to be submitted by Vajeram (PW-2) at the Police Station Phalasiya alleging therein that Smt. Hansi was murdered by her husband Dadamchand by giving her an axe (Kulhari) blow. As per the Panchanama (Inquest Report Ex.P.-3) as well as the Autopsy Report (Ex.P.-26), the deceased was found to have received an incised wound on the back of the neck at skull and neck-joint and in opinion of the doctor, cause of death was neurogenic shock due to brainstem injury which led to cardio respiratory arrest. No other significant injury, except a lacerated wound measuring 3x3x1 cm. and a bruise in the size of 3x3 cm; both on the right elbow, was found on the person of the deceased.