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1988 Supreme(Raj) 181

SOBHAG MAL JAIN, MILAP CHANDRA
GIRDHARI LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
Sumitra Sankhla, SURESH KODOTH

Judgment


MILAP CHANDRA, J.

( 1 ) THIS appeal is against the judgment of the learned Sessions Judge, Pratapgarh dated October 30, 1982, by which the accused-appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment and to pay a fine of Rs. 5,000/ -.

( 2 ) THE facts of the case giving rise to this appeal may be summarised thus: On September 30, 1977, Durga Narain (P. W. 9) submitted report (Ex. P. 4) in the Police Station, Gangrar (Chittorgarh) stating that a dead body in a decomposed condition was lying near the well of village Tersta. Proceedings under Section 174 of the Criminal Procedure Code were commenced. During these proceedings, it was found that the dead body was of Mst. Rami, wife of the accused and that she was a victim of murder. Thereupon, F. I. R. (Ex. P. 28) was recorded registering the case under Section 302 of the Indian Penal Code and usual investigation was commenced. The postmortem examination of the dead body was conducted by Dr. Goverdhan Lal (P. W. 10 ). He prepared the post-mortem report (Ex. P. 8) and opined that the cause of death was injuries to vital organs and the big vessels. On opening the house of the














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