UDHMI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction passed by the learned Additional Sessions Judge, Rajgarh, District Churu, convicting the accused for the offence under S. 302 of the Indian Penal Code to suffer life imprisonment and to pay a fine of Rs. 2,000/- and in default to further undergo six months' S.I., the appellant named above-preferred this appeal on the ground mentioned in the memo of appeal as also argued at the time of final hearing of the appeal.

(2.) Facts giving rise to the appeal stated briefly are that a first information report was lodged in Police Station on 25-4-96 informing the Police that the accused has murdered his wife by beating her throughout the day. Cognizance was taken, investigation was completed and the accused was prosecuted for committing murder of his wife. The prosecution has examined as many as 19 witnesses in support of its case and on appreciation of the oral and documentary evidence as it existed on record, the learned Judge came to the conclusion of guilt and sentenced the accused as aforesaid, which order is impugned in this appeal.

(3.) The learned Judge relying on the eye-witnesses account of PW-5 Bala, daughter of the accused and the deceased and PW-10 Vimla, another daughter of the accused and the deceased, convicted the accused under S. 302 of the Indian Penal Code.