Decided on October 09,2013

RAJESH Appellant


Servesh Kumar Gupta, J. - (1.) CHALLENGE in this jail appeal is to the judgment and order dated 16.7.2010/17.7.2010, passed by the Additional Sessions Judge, Roorkee (Haridwar) in Sessions Trial No. 252/2009. By the said judgment and order, the appellant Rajesh has been held guilty of the offence under Section 302 IPC and sentenced to undergo imprisonment for life and a fine of rupees five thousand. Prosecution story, in brief, is that Lekhraj Singh (PW6) lodged a report with PS Manglore on 25.5.2006. The complainant averred in the report that about 15 years ago, marriage of his sister Neeta Devi was solemnized with the accused appellant Rajesh. The complainant alleged that on 25.5.2006 at 2.30 O'clock in the day, Rajesh quarrelled with Neeta on some issue and brutally slaughtered his sister from a 'Patal', which is used to cut the wood. This report is Ex. Ka -1. On 27.5.2006, Lekhraj Singh gave another report (Ex. Ka -2), wherein he has also implicated Rajendra and Nathi Ram, elder brother and father of the accused respectively. Police came into action. P.W. 11 Sub Inspector DS Panwar took charge of the investigation. Inquest report Ex. Ka -8 was prepared on the date of incident itself. The Punches unanimously opined that the husband of the deceased murdered his wife (Neeta) by 'Patal'. However, post -mortem was recommended.
(2.) POST -mortem examination was conducted by PW7 Dr. RS Chauhan at 3 P.M. on 26.5.2006 in District Hospital, Haridwar. He, accordingly, prepared the report Ex. Ka -3. He found following ante mortem injuries on the person of the deceased: 1. Incised wound 13 cm x 1.2 cm on right side forehead, bone deep, fracture right temp. bone. 2. Incised wound 12 cm x 1.2 cm on left temp, area, 5 cm above left ear, bone deep, fracture left temp. bone. Incised wound 6 x 2 cm in front of neck, deep up to tracheal canal.
(3.) INCISED wound 3 x 1 cm over right shoulder, muscle deep.;

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