BANSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated January 30, 1988, the learned Addl. Sessions Judge (4), Jaipur City, Jaipur convicted the accused Banshi under Section 302, IPC on a charge of uxoricide and sentenced him to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further undergo one month's rigorous imprisonment. The accused has come up in appeal and challenges his conviction.

(2.) BRIEFLY stated the prosecution case is that Smt. Vimla aged about 25 years at the time of her death was the daughter of PW 10 Jetha Ram she was married with the accused 12 or 13 years ago. The accused did not treat her kindly and used to beat her off and on. She gave birth to three female and one male children from the accused PW 2 Basanti is the eldest of the children. Due to the ill -treatment of the accused, Vimla left her husband's roof and came to live with her parents in Adarsh Nagar, Shanti Marg, Jaipur with her children. The accused approached Jetha Ram PW 10 and asked him to send Vimla with him and assured him that he would not ill -treat her any more in the future. He brought letter Ex. P 6 from his sister's husband in which Jetha Ram PW 10 was assured that the accused would no more ill -treat or beat Vimla and that he (brother -in -law) would stand a surety for that. Jetha Ram, how ever, did not fee assured and he asked the accused to give him in writing that he would keep Vimla affectionately and would not beat her. The accused thereupon executed agreement Ex. P 1 on 11 -11 -1985 and thus satisfied Jetha Ram to no more ill -treat Vimla Vimla thereafter came to live with the accused in Teela (locality) No. 7 Jawahar Nagar, Jaipur with her children including Basanti.

(3.) IN the opinion of the doctors, the cause of death was asphyxa as a result of pressure on neck. The post mortem report prepared by them is Ex. P 12. On 8 -3 -1986, the police registered a case under Section 306, IPC and proceeded with the investigation. Before that, the Station House Officer inspected the site and prepared the site plan Ex. P 8. He seized an Saree banging by the beam. It was seized and scaled. The accused was arrested on 13 -3 -1986. On his medical examination, a linear healed scare of 0.5 cm. was noticed on his middle finger as per injury report Ex P 3 prepared by Medical Jurist Dr. Kochar PW 8. After when the investigation was over the police presented a. challan against the accused in the court of the Judicial Magistrate (12), Jaipur City, Jaipur, who in his turn committed the case for trial to the court of Sessions. The case came for trial before the learned Additional Sessions Judge (4), Jaipur City, Jaipur He framed charges under Sections 302, 306 and 498A, IPC against the accused to which he pleaded not guilty and faced the trial. He denounced the whole prosecution story as a false and fabricated piece of concoction and claimed absolute innocence. In suport of its case, the prosecution examined 16 witnesses and filled some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Additional Sessions Judge found no material to convicted under Sections 306 and 498A, IPC. He, how ever, that held the accused had caused the death of his wife Vimla by pressing her neck and thereafter hanged her body a Saree with the beam of the hut. The accused was consequently convicted and sentenced as mentioned at the very out -set.