KACHRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 19.1.88, passed by the District and Sessions Judge, Udaipur, by which the learned Sessions Judge convicted the accused appellant for the offence under Sec. 302 IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 50/- and in default of payment of fine further to undergo one monthTs rigorous imprisonment.

(2.) Accused-appellant Kachra was tried by the learned Sessions Judge, Udaipur, for committing the murder of his wife Smt. Harmi in his house situated in village Mahad on 23.6.86 by strangulation. The case of the prosecution is that on 23.6.86, at about 2.00 p.m., PW 2 Harish and his brother PW 3 Gopi were passing through the lane and then they heard the cries coming from the house of the accused. When they went inside the house of the accused, they saw the accused sitting on the chest of Smt. Harmi and strangulating her by rope and on seeing them, the accused ran away. The report of the incident was lodged by PW 2 Harish on 24.6.86 at 3.00 p.m. at Police Station, Panarwa, district Udaipur. The prosecution, in support of its case, examined seven witnesses. The accused did not examine any witness in defence. The learned Sessions Judge, after trial convicted and sentenced the accused-appellant as stated above.

(3.) The nature of the evidence, produced by the prosecution, consists of the statements of PW 2 Harish and PW 3 Gopi the two eye-witnesses of the occurrence which is sought to be corroborated by the evidence of PW 1 Smt. Bhuri a neighbourer and PW 6 Fakir Mohammed the shopkeeper. PW 5 Deeta is a Motbir witness, in whose presence the accused was arrested. PW 4 Dr. Om Prakash was the Medical Officer Incharge, Primary Health Centre, Kotdra, who performed the post-mortem on the dead body of Smt. Harmi PW 7 Amar Singh was the investigating officer, who conducted the investigation and after completion of the investigation presented the challan.