DEEPLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant stands convicted and sentenced as below vide the impugned judgment dt. 22/12/2011 passed by learned Addl. District and Sessions Judge (Fast Track) No.1, Udaipur in Sessions Case No.14/2010:- Under Sec. 302 IPC Life Imprisonment with fine of Rs.2,000.00 and in default of payment of fine to further undergo one month S.I.

(2.) Being aggrieved of his convi ction and sentences, the appellant has preferred the instant appeal under Sec. 374 (2) Cr.P.C.

(3.) Brief facts are that one Shabbir Mohammad (PW.4) resident of Vasni Khurd made a call at Police Station Fatehnagar on 28/11/2009 at 4:30 pm informing that Wajeram Gurjar's daughter Chandibai had been murdered by her husband Deeplal. On receiving this telephone, Shri Tarachand Sharma (PW.17), the SHO PS Fatehnagar proceeded to the place of occurrence where Wajeram Gurjar (PW.3) submitted a written report to him alleging inter alia that his daughter's husband Deeplal had come to his house and was staying there for the last 7-8 days. His daughter Chandibai was at her matrimonial home for the last fifteen days. She came down to her house to meet him and other family members at about 10 O' clock in the morning. No sooner had she reached the informant's house and upon seeing her, the accused appellant Deeplal started quarrelling with Chandibai. The informant and his wife tried to counsel the spouses and thereafter, they went to the fields for work leaving both of them behind. The informant returned to his house at about 2 O' Clock in the afternoon and saw that the door appeared to be locked. He saw the accused appellant Deeplal running from behind the house having a Kunt in his hand. The informant called out and requested the accused appellant Deeplal to stop but he did not pay heed and ran away to the fields. The informant and his wife became apprehensive and went near the room on which they saw that key was hanging in the lock. They opened the door and saw Chandibai lying near the earthen pot. Lot of blood was coming out and on checking, they feared that she might have died. On noticing these circumstances, the informant's wife Babri (PW.2) raised a hue and cry on which his neighbour and daughter Ganeshi (PW.1) came down. Shabbir Mohammad also came to the spot and called the police. The informant alleged that the accused appellant Deeplal had killed Chandibai by blows of Kunt as he had been enraged by the fact that she (the deceased) had returned from her matrimonial home. On the basis of this report, a formal FIR No.163/2009 was registered at Police Station Fatehnagar for the offence under Sec. 302 IPC. After investigation, a charge sheet was filed against the accused appellant Deeplal for the offences under Secs. 302 and 326 IPC in the Court of Judicial Magistrate, Mavli. The case was committed to the Court of learned Sessions Judge, Udaipur from where the same was transferred for trial to the Court of ASJ (Fast Track No.1), Udaipur. The trial Court framed charge against the accused appellant for offence under Sec. 302 IPC. He pleaded not guilty and claimed trial.