PRABHULAL S/O SANWALIA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-1984-3-57
HIGH COURT OF RAJASTHAN
Decided on
March 29,1984
Prabhulal S/O Sanwalia
Appellant
VERSUS
STATE OF RAJASTHAN
Respondents
Referred Judgements :-
<RC>1984 RAJCRIC 297</RC> RAJASTHAN HIGH COURT <JGN>GUMAN MAL LODHA,G.K. SHARMA</JGN> <AT>D.B. CR. JAIL APPEAL NO. 217 OF 1979 UNDER S. 374,CR. P.C. (AGAINST THE JUDGMENT DATED 9TH NOVEMBER,1978 PASSED BY THE LEARNED SESSIONS JUDGE,SAWAI MADHO PUR SHRI OM PRAKASH JAIN,RHJS CAMP AT GANGAPUR CITY IN SESSIONS CASE NO. 22 OF 1978 [REFERRED TO]ATMARAM V. STATE [REFERRED TO]
JUDGEMENT
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(1.)The appellant in this case has made a clean breast of the crime by the following statement in answer to the last question put to him, under S. 313. Cr. P. C.
...[VERNACULAR TEXT OMITTED]...
(2.)In view of the above, Shri Vimal Chaudhary, the learned Amicus Curiae, appearing for the appellant, has not challenged the finding of the trial Court that, the appellant is responsible for the death of his own wifeKailashi. Even then we have examined the record of the case and gone through the statements of Srinarain (PW 1), Ramhet Lal (PW 2), Mst. Bhonri (PW 3), Veerpal (PW 4), Badrilal (PW 5), Sripal (PW 6), Babukhan (PW 7), Lilaram, ASI (PW 8), Kailash Chand (PW 9), Dr. P. C. Sethi (PW 10).
(3.)We are convinced that the finding of the trial court that the accused-Prabhualal S/o Sanwalia is responsible for the death of his wife Kailashi is well founded on the evidence and no interference is required. So now, the finding arrived at by the learned trial Court, that the act of the accused cannot be covered by S. 304, Penal Code and the accused is guilty of the offence under S. 302, Penal Code requires consideration.
...[VERNACULAR TEXT OMITTED]...
(2.)In view of the above, Shri Vimal Chaudhary, the learned Amicus Curiae, appearing for the appellant, has not challenged the finding of the trial Court that, the appellant is responsible for the death of his own wifeKailashi. Even then we have examined the record of the case and gone through the statements of Srinarain (PW 1), Ramhet Lal (PW 2), Mst. Bhonri (PW 3), Veerpal (PW 4), Badrilal (PW 5), Sripal (PW 6), Babukhan (PW 7), Lilaram, ASI (PW 8), Kailash Chand (PW 9), Dr. P. C. Sethi (PW 10).
(3.)We are convinced that the finding of the trial court that the accused-Prabhualal S/o Sanwalia is responsible for the death of his wife Kailashi is well founded on the evidence and no interference is required. So now, the finding arrived at by the learned trial Court, that the act of the accused cannot be covered by S. 304, Penal Code and the accused is guilty of the offence under S. 302, Penal Code requires consideration.
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