NET RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present jail appeal was admitted by this Court on 09/08/2010 and Shri Vivek Shah, Advocate was appointed Amicus Curiae to assist the Court on behalf of the accused-appellant, but thereafter Shri R.S. Choudhary filed his Vakalatnama on behalf of the accused-appellant.

(2.) The jail appeal aforesaid has been preferred by the accused-appellant Net Ram @ Dholu Ram against the judgment dt. 30/06/2010 passed by learned Sessions Judge, Bhadara, District Hanumangarh in Sessions Case No.29/2009, whereby the accused-appellant was convicted under Sec. 302 IPC and sentenced for Life Imprisonment with a fine of Rs.10,000.00 and in default of payment of fine to further undergo six months' imprisonment.

(3.) Briefly, the facts stated in the written report (Ex.P/8) lodged by PW.5 Madanlal at the Police Station Bhirani, District Hanumangarh on 28/10/2009 are that he was resident of village Kaluwana, Tehsil Dabawali, District Sirsa. His two sisters namely Kaushalya and Virata were married to Net Ram @ Dholu Ram and Liluram, respectively, for last 22 years. Kaushalya had five children i.e. four daughters and one son. On 28/10/2009 at around 01:00 PM Shankarlal who is the brother-in-law of his sisters (Kaushalya and Virata) telephonically informed him that Net Ram @ Dholu Ram had assaulted his sister Kaushalya, and had strangulated her to death. On getting this information, the informant along with Prathvi Ram, Om Prakash, Subhash, his brother Sarjeet and maternal uncle Shreeram went to village Sahuwala where the dead body of Kaushalya was lying on a cot. They all saw that there were injury marks on the neck of Kaushalya. The report was lodged to this effect and confer the allegation that his brother-in-law had murdered his sister at around 12 O'clock.