PRABHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Prabhu has been convicted by the learned Sessions Judge, Jalore, of offences under sections 302 and 201 I. P. C. vide his judgment dated 6-7-83. On the first count, he has been sentenced to undergo life imprisonment and to pay a fine of Rs. 200/- and in default to undergo rigorous imprisonment of three months; on the second count, he has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 200/- and in default to undergo, rigorous imprisonment for three months. Aggrieved, he has come to this Court.

(2.) BRIEFLY stated, the prosecution story is that appellant Prabhu, who is resident of Bakasar within jurisdiction of police station, Sarvana, district Jalore, had been married some three or four years prior to the incident to Shanta daughter of Moolji PW 2 r/o Khadol, police station Bab, district Banaskantha (Gujarat ). It is alleged that Smt. Shanta used to complain of ill-treatment from her husband to her parents whenever she visited them at Khadol. It is alleged that two months prior to the incident, Smt. Shanta visited her parents at Khadol and returned after staying for some time to Bakasar with her husband, the present appellant.

(3.) THE learned Sessions Judge framed due charges against the accused, who pleaded not guilty and claimed trial. At the trial, the prosecution examined as many as 14 witnesses. Various documents pertaining to recoveries were also, inter alia, produced in evidence. In his statement recorded u/s 313 Cr. P. C, the accused denied his complicity in the alleged crime. According to him, his wife had left two months prior to the alleged incident for the house of her parents and she had not returned thereafter. According to him, he had been falsely implicated. He, however, did not lead any defence.