- (1.) The instant appeal is directed against the judgment dated 29.9.2008 passed by Additional District and Sessions Judge (Fast Track) No.1, Udaipur in Sessions Case No. 2/2008 by which the accused-appellant is convicted under Section 302 of I.P.C. with life imprisonment and with a fine of Rs.5,000/- in default thereto further to undergo for six month simple imprisonment.
(2.) The contents of Ex.P.1 F.I.R. No.611/2007 reads as under :- JUDGEMENT_108_LAWS(RAJ)3_2017.jpg This F.I.R was submitted by Smt. Kanta Srimali wife of Shri Prabhulal Srimali on 27/11/2007 at 11.45 a.m. at Police Station Ambamata, Udaipur, which was registered under Sections 498A, 306 of I.P.C. and investigation was made, post investigation I.O submitted charge sheet and trial court arrived at the aforesaid findings of guilt, during the trial, prosecution produced twenty witnesses and defence also produced one witness.
(3.) Heard submissions of rival sides, learned amicus curiae representing the appellant has contended that learned trial Court has committed error in examining the evidence and has not correctly appreciated the evidence, appellant-accused never committed alleged offence, but performed all the death rituals with social norms. The nuptial was through affairs, so reason of any discord or demand does not arise. The couple was living quite comfortably and begot kids out of the wedlock, theory of Sambal Seva Mandir and women organisations is concocted and hatched to malign the dignity of the appellant in order to harass, there is no iota of truth in the alleged story and findings of the trial Court are not correct, so the appeal be allowed and the impugned findings of guilt be set aside, in support of submissions, learned counsel for the appellant has placed reliance on the judgment Jose @ Pappachan v. Sub Inspector of Police, Koyilandy and Anr. (2016) 10 Supreme Court Cases 519. On the other side, learned public prosecutor has contended that the medical evidence is supported with other evidence, which establishes that the appellant-accused killed his wife and there were several injuries found on her body and she was killed and was found to have strangulated, appellant was trying to perform last rites latently, but Seva Mandir Women activities timely informed police authorities and on postmortem the things were found contrary, there was family discord, deceased had also approached Sambal Seva Mandir for protection and an application to this effect was also earlier moved by the deceased, upon which reconciliatory efforts were made and the accused-appellant assured that nothing untoward will happen in further, saying so he took away his deceased wife from Seva Mandir, who was subsequently eliminated within few days. There is reliable and clinching evidence against the accused-appellant, so there is no wrong in the findings of learned trial Court, appeal lacks merit, so it be dismissed. ;