NAGULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Nagulal stands convicted vide judgment dated 24.01.2015 passed by learned Sessions Judge, Pratapgarh in Sessions Case No.2/2012 for the offence under Section 302 IPC and sentenced to undergo imprisonment for life alongwith a fine of Rs.5000/- and in default of payment of fine, further to undergo one year's rigorous imprisonment. Being aggrieved of his conviction and sentence, the convict has preferred the instant appeal under Section 374 (2) CrPC, through jail.

(2.) Brief facts relevant and essential for deciding the instant appeal are noted hereinbelow. Parcha Bayan (Ex.P/19) of Smt. Santosh wife of deceased Gopal Meena was recorded by the SHO, Police Station Pratapgarh at the place of incident, i.e.

(3.) Gandher Road at 8.30 a.m. on 08.06.2011, wherein she alleged that her husband Gopal Meena and six children (three sons and three daughters) resided at Sodapuriya. On 07.06.2011 in the morning at about 9.30 a.m., her husband Gopal and Ramlal had gone to clear trenches in the field at Gandher. They were carrying a mobile bearing No.8890834727 with them. They returned home at about 5-6 o'clock. Thereafter her husband again prepared to leave, on which she made an enquiry from him, to which, he replied that he was going to Gandher for collecting money. Ramlal also accompanied him. For quite some time, her husband did not return upon which, she called Ramlal, who replied that he had returned, but Gopal had stayed back at Gandher. Her husband did not return home in the night. In the morning, Sooraj and his son Prakash went out in his search. They came back and told her that dead body of Gopal was lying in the trench near the well of Seth. The family members rushed to the place of occurrence and saw the dead body of Gopal lying in the trench. Police was called. The villagers collected there. She expressed a suspicion that Ramesh had stolen some ornaments from her house about four-five months ago and a quarrel was going on in this regard and that he might be responsible for the murder. She also suspected that Ramchandra, Mohan and Laxman might also be responsible for her husband's death. On the basis of this Pracha Bayan an FIR No.262/2011 was registered at the Police Station Pratapgarh for the offences under Sections 302 and 201 IPC. Autopsy was done upon the body of the deceased by Dr. O.P. Dayama (P.W.6), who prepared the postmortem report (Ex.P/7), as per which, 23 injuries were noticed on the dead body and the cause of death was opined to be asphyxia by throttling/strangulation. During investigation, the finger of suspicion pointed towards the appellant herein, who was arrested and was subjected to medical examination, whereupon as many as 16 injuries were noticed on his person. After conclusion of investigation, a charge-sheet came to be filed against the appellant in the concerned court for the offences under Sections 302 and 201 IPC. Since the offences were exclusively Sessions triable, the case was committed to the Court of Sessions Judge, Pratapgarh.