KALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Kalu Ram @ Puran Ram has forwarded the instant appeal under Sec. 374 (2) CrPC from jail for assailing the judgment dt. 23/11/2011 passed by the learned Sessions Judge, Sri Ganganagar in Sessions Case No.60/2010, whereby he has been convicted for the offence under Sec. 302 IPC and sentenced to undergo life imprisonment alongwith a fine of Rs.1000.00 and in default of payment of fine, further to undergo one month's rigorous imprisonment.

(2.) Considering the fact that the accused was not represented, we appointed Mr. Deepak Choudhary, Advocate, to act as an Amicus Curiae on behalf of the accused appellant under the Free Legal Aid Scheme.

(3.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow. Smt. Soma, the deceased, was married to the accused appellant Kalu Ram since 10/7/1988. The accused appellant was in a practice of hurling insinuations regarding the character of his wife and used to assault her. In the month of December 2008, Kalu Ram assaulted Smt. Soma by a Darati, for which a case was registered against him at the Police Station Vijaynagar. About one and half month ago, in the month of June 2010, Smt. Soma got the accused released on bail. Sohan Lal, brother of Smt. Soma, received a call from her brother-in-law (Devar) Het Ram as to whether Soma had come to his house. On this, Sohan Lal replied in negative. He and his brother Mangat Ram went to the Village 5 B Chhoti and made an enquiry about their sister from Kalu Ram. He initially evaded the questions, but when pressed to explain as to why the woman who had gone with him and had not returned, he capitulated and admitted that he had killed Smt. Soma by throttling her and had thrown the dead body on the Railway line. Upon coming to know of these facts, Sohan Lal, his brother Mangat Ram and numerous other villagers went to confirm this story and saw that the dead body of Smt. Soma was lying near the railway tracks severed into pieces. Shri Sohan Lal lodged a written report with these allegations to the SHO, Police Station Sadar, Sri Ganganagar on 16/8/2010 at 8.45 a.m. Upon this report, an FIR No.305/2010 was registered against the appellant and investigation was commenced. The appellant was arrested; the severed parts of the dead body of Smt. Soma were lifted from near the railway tracks between Ganganagar and Mirjewala vide seizure memo (Ex.P/1). Panchayatnama Lash etc. were prepared. The clothes of the deceased were seized. The cycle on which the accused allegedly carried the dead body and threw the same on the railway tracks was also seized. The pieces of the dead body were subjected to postmortem through a medical board constituted at the Government Hospital, Sri Ganganagar. The medical board gave in its opinion that the cause of death of lady was shock caused by multiple amputations. After concluding the investigation, a charge-sheet came to be filed against the accused appellant at the Court of the concerned Magistrate for the offence under Sec. 302 IPC. Since the offence was Sessions triable, the case was committed to the Court of the Sessions Judge, Sri Ganganagar, who framed charges against the accused for the said offence. The accused denied the charge and claimed trial. The prosecution examined as many as 16 witnesses and exhibited 35 documents to prove its case. The accused, upon being questioned under Sec. 313 CrPC and when confronted with the prosecution allegations, denied the same, but did not choose to lead any defence. He claimed that neither did he kill the deceased nor did he throw her on the railway tracks. The deceased died by coming under a train and that he was not aware as to when this incident took place. After hearing the arguments advanced by the prosecution and the defence and after appreciating the evidence available on record, the trial Court proceeded to convict and sentence the appellant as above. Hence this appeal.