RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant Rameshwar son of Shri Heeralal was tried by learned Additional Sessions Judge, Sikar for committing the murder of his wife Mst. Shiv-kori. He found him guilty of the offence punishable under Sec. 302 I P.C. and sentenced him to imprisonment for life and a fine of Rs. 2,000.00 and in default of payment of fine to further suffer two years' rigorous imprisonment.

(2.) The facts giving rise to this appeal are that in the night preceding the date of murder accused Rameshwar was seen by PW 2 Jaggu and PW 3 Gulla in the outskirt of the village. In the morning he is said to have been seen by PW 1 Dungaram and P. W. 11 Navrang Singh coming out of the room where the dead body of his wife was lying. After his arrest he got one bodkin discovered at his instance, but same was not found to be stained with blood and as such it is of no use to the prosecution. A bloodstained 'chhaddi' was recovered from the possession of the accused at the time of his arrest. The blood stained chaddi was seized and sealed and the same was sent to the Chemical Analyst for examination, who found it to be stained with blood and later on the same was found to be stained with blood by the Serologist. The reports of the Chemical Analyst as well as that of the Serologist are Ex. P/22 and Ex. P/23 respectively. The police after usual investigation submitted a challan against the accused under Sec. 302 IPC. in the Court of Chief Judicial Magistrate, Sikar and ultimately after commitment, the Mused was tried by learned Additional Sessions Judge, Sikar.

(3.) The learned Additional Sessions Judge placing reliance on the circumstantial evidence convicted the accused-appellant under Sec. 302 I. P. C. and unfenced him as stated above. Hence this appeal.