Decided on January 04,1984

PREMA RAM Appellant


Honble Byas J. - (1.)This is a Jail appeal by accused Prema Ram against the Judgment dated November 30, 1978 of the Additional Sessions Judge No.2, Hanumangarh convicting the appellant under section 302 I.P.C. and sentencing to him to imprisonment for life with a fine of Rs. 100/- in default of payment of fine to further undergo one month's rigorous imprisonment.
(2.)Briefly stated the prosecution case is ,that the deceased victim Supari was the wife of the accused-appellant Prema Ram. Relations between them were not happy. It is alleged that the accused committed the murder of his wife Supari and later on, burned her dead body with the help of some persons. P.W. 6 Prem Dass, the father of the deceased victim, was going in a bus from his village Kamad to village Ratanpura. He met Bhoora Ram (P.W.1), resident of accused village. Bhoora Ram (P.W.1) told Prem Dass that death of a woman had taken place in his village. During talks he came to know that the deceased victim was his daughter. Bhoora Ram told him that his daughter was no more alive. Prem Dass (P.W.6) entertained suspicion about the death of his daughter. He along with his sons came to the village Birkali and contacted some persons. It is alleged that a meeting of many persons took place at the house of Sarpanch Laxman Ram. Accused was also called there and was asked by all those persons assembled there as to how his wife got dead. It is further alleged that before all these persons, accused. admitted that he lost temper and thereafter, strangulated his wife Supari by fastening a rope around her neck. A report (Ex. P. 1) was, consequently, drawn up and was submitted to the Police Station, Nohar by Kashiram (P.W. 2, brother of the deceased victim). The Police registered a case and proceeded with investigation. The dead body was disinterred from the grave and was sent for post-mortem examination. The post-mortem examination was conducted by Dr. Sahi Ram (P.W.10), the then Medical Officer Incharge, Government Hospital, Bhadra on September 20, 1976. The Doctor was of the opinion that - since the dead body was in a very advanced stage of decomposition, no cause 6f death could be ascertained. The report is end by him is Ex. P. 6. The accused wasp arrested. After when the investigation was over, the police submitted challan against the accused in the Court of Munsif &, Judicial Magistrate, Nohar, who in his turn, committed the case for trial to the Court of Sessions Judge.
(3.)The case came up for trial before the Additional Sessions Judge No.2, Hanumangarh who framed the charges under Sections 302 and 201 I.P.C. against the accused, to which, he pleaded not guilty and faced the trial. During trial, the prosecution examined witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of the trial, the learned Additional Sessions Judge relying upon the evidence relating to the extra judicial confession of the accused held the charge proved against him. The accused was consequently convicted and sentenced as mentioned above. Aggrieved against his conviction and sentence, the accused-appellant has taken this appeal.

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