ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by the accused appellant Ashok Kumar who stands convicted and sentenced vide judgment dated 01.08.2012 passed by learned Sessions Judge, Jalore in Sessions Case No.51/2011 as below:-

(2.) Champawat who filed the instant represented appeal pleaded no instructions. Accordingly, we summoned the convict from jail and after taking his consent appointed Shri Manjeet Godara, Advocate to argue the appeal under the Free Legal Aid Scheme.

(3.) Brief facts are that Gobarram (PW.7) lodged a written report (Ex.P-7) at Police Station Aahore inter alia alleging that his sister Tikadiyadevi (deceased) was married with the appellant herein at Gudabalotan about fifteen years ago. They had three daughters and two sons. Smt. Tikadiyadevi was being harassed and humiliated by her husband Ashok Kumar, Jeth Chhaganlal and father-in-law Dungaram for the last 2-3 years. She was being threatened that she would be killed. On 21.12.2010 in the morning at 8 O' Clock, the informant received an information from a person named Mahendra of Gudabalotan on phone that the appellant Ashok Kumar had killed his sister on previous evening and that her dead body was lying in Jalore Hospital. On this, the first informant Gobarram (PW.7) went to the Jalore Hospital and found that his sister's body was pierced by sharp wounds at numerous places. She suspected that the deceased had been killed by Ashok Kumar, Chhaganlal and Dungaram. She was harassed two years earlier in which a Panchayat of some respectable members of the society was held wherein the accused agreed that they would not repeat such acts with the deceased Tikadiyadevi and on this assurance, she was sent back to live with Ashok Kumar. On the basis of this report, an FIR No.285/2010 was registered at Police Station Aahore for the offences under Sections 302 and 120B IPC. Numerous marks of violence and blood stains etc. were recovered from the scene of occurrence. The dead body of Smt. Tikadiyadevi was subjected to postmortem examination. Her blood stained clothes were seized. Statements of witnesses were recorded.