RAJKUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was placed on trial before the learned Additional Sessions Judge (Fast Track), Ajmer in Sessions Case No. 141/2001 for having committed murder of his wife Praneeta. The learned Additional Sessions Judge vide judgment dated May 11, 2002, convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer imprisonment for life and a fine of Rs. 3,000/- in default to further suffer three months' simple imprisonment.

(2.) Praneeta (now deceased) after falling in love with the appellant married him. Since the appellant was not economically sound, he along with Parneeta started residing in the house of Kamla Sharma, the mother of Praneeta. On August 15, 1997 at 10.00 p.m. Mustkeem Khan, S.I., P.S; Christianganj, Ajmer recorded 'Parcha-Bayana' (Ex.PlA) of Smt. Kamla Sharma, mother-in-law of the appellant wherein she stated that the appellant used to quarrel with her daughter Praneeta and after flag hoisting on the said day when Praneeta came back to the house, the appellant and Praneeta had a quarrel. At 7.30 p.m. she heard the cries of Praneeta, since it was altercation between husband and wife she did not intervene. After-sometime the appellant came out of his room and told her that he had killed Pareeta. The neighbours gathered and Praneeta was taken to the hospital where she was declared dead. Mustkeem-Khan, S.I. forwarded that 'Parcha-Bayan' to P.S. Christianganj, Ajmer, where case under Section 302 1PC was registered against the appellant and investigation commenced. Autopsy on the dead body was performed and as per Post-mortem report (Ex.Pl), the cause of death is due to respiratory failure. Viscera was kept preserved for chemical analysis. Necessary Memos were drawn. The appellant was arrested. Statement of witnesses were recorded and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track), Ajmer. The appellant was charged under Section 302 IPC for committing murder of Praneeta by throttling her. The appellant denied the charge and claimed trial. The prosecution in support of its case, examined as many as 12 witnesses and got exhibited 17 documents. In the explanation under Section 313 Cr.P.C., the appellant claimed innocence. Three witnesses in defence were examined by the appellant. Learned Trial Judge on hearing final submissions, convicted and sentenced the appellant as indicated here-in-above.

(3.) We have heard the rival submissions and carefully scanned the material on record.