PAPPU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal isdirected against the judgment dated 31-7-87, passed by the Additional District and Sessions Judge, Barmer, by which the learned Additional Sessions Judge convicted the (accused-appellant for the offence under Sec. 302 Indian Penal Code and sentenced him to undergo imprisonment for life and a fine of Rs. 100.00 and in default of payment of fine further to undergo six months' rigorous imprisonment.

(2.) The appellant was tried by the learned Additional Sessions Judge, Barmer, for committing the murder of his wife Smt. Andar on 1-9-86 at 2.00 a.m. in his own house situated in village Hathma. The case of the prosecution is that Bagh Singh went to his in-laws' house in village Hathma (district Barmer) to bring his wife Smt. Annu as well as his sister Smt. Andar, who was married to accused Pappu Singh. Accused Pappu Singh's sister Annu was married to Bagh Singh and Bagh Singh's sister Andar was married to the accused. He had gone to village Hathma to bring both these ladies as his father was ill. He reached village Hathma by the last bus and requested accused Pappu Singh to send Smt. Andar and Smt. Annu, but Pappu Singh refused to send his wife Smt. Andar with Bagh Singh. They were talking together and at about 1.00 a.m. in the night, they went to sleep. At about 2.00 a.m., he heard the cries of his sister Smt. Andar. He and Sujan Singh alongwith Mohan Singh went running there. When they entered in the room, they saw the accused carrying a Kulhari and inflicting injury by it on his sister Smt. Andar, who was sleeping on a cot. Smt. Andar, succumbed to the injuries. When they took care of Smt. Andar, they found her having injuries on her nose, both the hands and the neck. The accused, after inflicting the injuries, ran away. Rugga followed the accused, caught hold of him and brought him to the village. The accused confessed his guilt before the Panchas. The prosecution, in support of its case, examined sixteen witnesses. The accused did not examine any witness in defence. The learned Additional Sessions Judge, after trial, convicted and sentenced the accused- appellant as stated at the very out-set.

(3.) It is not in dispute that Smt. Andar died an unnatural death. From the evidence of PW 1 Dr. Anil Kumar and the evidence of the other eye-witnesses, it has been established beyond reasonable manner of doubt that Smt. Andar died an unnatural death and the cause of her death was the injuries inflicted on her neck by the Kulhari.