- (1.) THE instant jail appeal has been filed by the accused appellant Veer Singh from the Central Jail, Bikaner against the judgment dated 30.11.2006 passed by the Addl. Sessions Judge, Bhadara, District Hanumangarh in Cr. Case No.9/2005 arising out from the FIR No.54/2005, Police Station Bhirani whereby the learned trial court while acquitting the 3 accused persons Mange Ram @ Billu, Hari Ram and Raj Kumar from offence under Section 201 IPC convicted the accused appellant Veer Singh S/o Hari Kishan, resident of village Jogiwala for offence under Section 302 IPC and passed sentence for life imprisonment alongwith fine of Rs.2,000/ - and in default of payment of fine to further undergo one year RI.
(2.) AS per the brief facts of the case upon statement made by the accused appellant Veer Singh himself, FIR No.54/2005 (Ex.P/9) was registered at Police Station Bhirani on 4.4.2005 at 5.15 p.m. in which the accused appellant Veer Singh gave oral information to the SHO, Police Station Bhirani that he is residing in village Jogiwala alongwith his wife Dhanni Devi and children Mangi Ram 18 years old, Krishan, 14 years old, Rakesh aged about 12 years and he is addict of taking liquor regularly and his wife Dhhani Devi raising objection and asking that you should not consume liquor, therefore, due to the said reason daily quarrel took place in the house.
(3.) AS per the contents of the FIR, the accused appellant stated before the SHO that he was fed up with his wife because she was objecting to consume liquor, therefore, he has decided to kill her. On 31.3.2005 he went to agricultural field of one Swaroop Godara alongwith his wife Dhanni Devi for taking cattle feed (Hara Chara) for his buffalos in the morning. At about 10'O Clock upon asking the wife of accused appellant Dhanni Devi refused to collect more cattle feed, therefore, quarrel took place at the place of occurrence and to kill his wife the accused appellant pushed her and inflicted injury by agricultural equipment (Danti) upon her neck. Due to that injury she fell down, thereafter, again an injury was inflicted by his knee upon her chest and after confirming the death he left the place of occurrence towards Bhirani. As per the allegation of prosecution, the accused himself stated before the police that in between the way from the place of occurrence to village Birani he has washed the Danti and put that Danti at secrete place in the way, thereafter, he reached at bus stand of Bhirani where one Sher singh and Mahaveer Singh were standing but without meeting them he ran away from the site but in the night remain at bus stand. In the morning he went to the house of his father but his conscious was not allowing him to stay there, therefore, he went to the house of his sister at her residence village Deval Ki Dhani and from where he went to the village Dadari to do some labour work but he was unable to sleep nor his conscious was allowing him to eat the food, therefore, to disclose the fact he reached the Police Station Bhirani and disclosed the above fact to the SHO, Police Station, Birani.;