1996 Supreme(Raj) 965
N.L.TIBREWAL, SHIV KUMAR SHARMA
Chauth Mal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. 1. This appeal arises from the judgment and order dated 20.12.1995 passed by the Sessions Judge Dausa in Session Case No. 46 of 1994, whereby the appellant Chauthmal has been convicted Under Section 302 Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 2,000/-. In default of payment of fine he was awarded six months' further rigorous imprisonment.
2. The facts of the case have been set out in the impugned judgment of the learned Sessions Judge which is under challenge in this appeal. The facts indicate that Prabhati Lal Koli had four daughters namely, Smt. Lado, Smt. Gyarsi (now deceased) Smt. Lali and Smt. Kamla. Smt. Gyarsi was younger to Smt. Lado, who was eldest one amongst the sisters. That the appellant Chauthmal and deceased Smt. Gyarsi had gone Baswa village to participate in marriage of the cousin of Gyarsi's mother at Todabhim. It is stated that after participating in the marriage they came back at Baswa in the evening of 7.5.1980. That the appellant wanted to take his wife Smt. Gyarsi with him, but Gyarsi's mother did not allow her to go. The prosecution story further goes that Smt. Lado, Lali and Gyarsi had gone to the village well fo
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