ATUL KUMAR JAIN, J. - (1.) MURDER is a serious offence in which compromise is not permissible but because of the poverty of the relatives of the deceased lady, almost all the witnesses have turned hostile in this case and the prosecution story hinges upon the statement of the Investigating Officer only. Relying upon the statement of Investigating Officer only, the learned Additional Sessions Judge No.4, Jodhpur Metropolitan, in Sessions Case No. 38/2012 titled as State v. Rajesh Suthar, has convicted accused Rajesh on 7.6.2013 for the offence under Section 302 of Indian Penal Code and he has been sentenced to life imprisonment with a fine of Rs.1000/ -. In default of payment of fine, it has been ordered that the accused will have to suffer six months' additional simple imprisonment. This appeal has been filed by accused Rajesh against the aforesaid judgment.
(2.) WE have heard both the parties and we have also perused the record of the case. If we go through the statements of the hostile witnesses, then we come to know that PW -1 Baldev has been found hostile. He is a cousin brother of deceased Mst. Santosh. He says that Panchnama of dead -body (Ex.P.1) was not prepared in his presence but he signed it on the request of police. PW -2 Nemi Chand is also a hostile witness. He is real brother of deceased Mst. Santosh. He says that his sister Mst. Santosh had never complained to him against misbehaviour of her husband and so he states that he does not remember that FIR Ex.P.2 was true or not true. He says that his brother -in -law accused Rajesh has not committed murder of his sister Mst. Santosh. Thus, he has also been found totally a hostile witness. He admits that both the parties have come to a compromise in this case of death of his sister. Pw -3 Champa Lal is husband of elder sister of Mst. Santosh. This witness has also been declared hostile and he says that piece of wood used in committing the offence of murder was not recovered from accused Rajesh in his presence. He also admits the signature on Ex.P.9 but he denies the contents of Ex.P.9. He says that he had signed only on blank paper on the request of the police.
(3.) PW -4 Shyam Lal s/o Bhanwar Lal has also been declared hostile. He denies the contents of police statement Ex.P.13. He says that both the parties have compromised the matter. He also states that Panchnama of dead -body was not prepared in his presence and he does not know if accused Rajesh had any doubts on the character of his wife Mst. Santosh. He denies the fact of beating of Mst. Santosh by her husband in his presence.;