JUDGEMENT
SHIV KUMAR SHARMA, J. -
(1.) The appellant was the accused in Sessions Case No. 75 of 1993 on the file of the Additional Sessions Judge, Kishangarh Bas (Alwar). He was found guilty under S. 302, IPC, convicted thereunder and sentenced to imprisonment for life and fine of Rs. 1,000/- (in default of payment of fine to further undergo one year's rigorous imprisonment).
(2.) Aggrieved by the conviction and sentences the action for filing an appeal has been resorted to.
(3.) Brief facts are :-
(i) That on 5-6-1993, one Lekh Ram s/o Bhikkan Ram of village Saidpur Bhivadi (Alwar) instituted a written report (Ex.P/1) at Police Station Kot Kasim, District Alwar, stating therein that in the morning he received information about the death of his daughter Babita, who was married in village Dugehda. He reached Dugehda and found his daughter dead under suspicious circumstances. His daughter was killed by strangulation by her husband Randhir, mother in law Sushila and sister in law (Nanad) Jagriti, who used to harass and humiliate her in connection with demand of dowry. The incident of murder was taken place at 4.30 a.m.
(ii) Case under S. 304-B of the Indian Penal Code was registered and FIR No. 73 of 1993 was chalked out and investigation commenced.
(iii) The investigating officer submitted chargesheet against Randheer and Sushila under S. 302/34 I.P.C. to the Court of Additional Chief Judicial Magistrate Kishangarh Bas (Alwar) on 16-9-1993 from where the case was committed to the trial Court.
(iv) The trial Court vide order dated 22-10-93 discharged Smt. Sushila but framed charge under S. 302, IPC against Randheer appellant. The appellant denied charges and claimed trial.
(v) The prosecution examined as may as 22 witnesses and produced about 17 documents. Statement of appellant was recorded under S. 313 of the Code of Criminal Procedure in which the appellant stated that prosecution witnesses implicated him falsely. The night when the incident had taken place, he was throughout in the house of Ranjeet.
(vi) The appellant produced two witnesses in support of his defence.
(vii) The trial Court has however in consideration of evidence, recorded the order of conviction and passed the sentence mentioned hereinabove. ;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.