MANPHOOL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED -appellants (i) Manphool alias Phuliya (ii) Chotiya and (iii) Hem Chand (acquitted by the trial Court) were tried by learned Additional Sessions Judge No. 2, Alwar, for committing the murder of Ram Chandra, paramour of Mst. Chameli, brother's wife of the two accused appellants.

(2.) LEARNED Additional Sessions Judge, placing reliance on (i) the dying declaration Ex: P/4, made by the deceased in the presence of the Tehsildar P.W. 4 Bhanwar Singh, (ii) Ex D/3, recorded by Sub Inspector Ramdhan, corroborated by the conduct of the accused in setting up a false plea of 'Chor Chior' just after the occurrence (iii) on giving a first information report at the Police Station Ex. D/2 and (iv) on the medical evidence, found the accused guilty of the offence punishable under Section 302 IPC and sentenced them to imprisonment for life and to pay a fine of Rs. 100/ - each. The third accused Hemchand was acquitted of the charges framed against him.

(3.) THE facts giving rise to this appeal are that accused Manphool and Chhotia are brothers of Heera, husband of Mst. Chameli and the third accused Hem Chand is their sister's son. It appears that Heera was neglecting his wife, which gave opportunity to Mst. Chameli to develop illicit intimacy with Ramchandra (since deceased). Mst. Chameli left her husband's house with her children and started living with Ram Chandra in the latter's village at Luhadra. Manphool and Chhotia protested before the Village Panchayat and ultimately the Panchayat directed Mst Chameli to live with Manphool and Chhotia and leave the house of Ramchandra. In pursuance of the direction of the Panchayat she started living in village Bambas Jhonpdi, Police Station Tijara, District Alwar.