Honble YADAV, J.— This appeal is preferred against the Judgment dt. 13.9.93 passed by learned Sessions Judge, Bhilwara in sessions case no. 85/92 by which he found accused appellant, Smt. Jamni guilty for the offence under Sec. 302 I.P.C. The learned Sessions Judge convicted the accused appellant under Sec. 302 IPC for committing murder of her husband Rameshwar and sentenced her to imprisonment for life together with a fine of Rs. 500/- and in default of payment of fine to further under go one years R.I.

(2). The facts of this case in nutshell can be recaptiulated within narrow compass which is apparent from the written report Ex. P.7 lodged by P.W.2, Gordhan on 18.2.92 at 6.15 a.m. on the basis of which formal FIR Ex.P.8 was drawn at Police Station Gangapur Distt. Bhilwara. Accbrding to said Ex.P.8 it is alleged that day before yesterday i.e. 16.2.92 the brother of Jamni namely Girdhari Lal and her maternal uncle namely Bansidhar came with her from their village Nari and on the same evening she was given in "nata marriage" to his deceased brother Rameshwar and in lieu of nata marriage with his brother Rameshwar Rs. 18,000/- in cash were paid to her brother and maternal uncle as "tanta money" according to the custom prevailing in his caste. Nata Marriage of Jamni with his deceased brother Rameshwar was reduced into writing on 16.2.92 which is Ex.P.9. His father, P.W.4, Ratan Das has gone to village Raitalia to see an ailing relation. First informant, P.W.2 is alleged to have gone to his field on that fateful night to watch the standing crops and he was sleeping there. According to P.W.2, Kaluji and Juwaru ji at about 12 p.m. in night came to his field to take him to his house as his brother has been murdered. When P.W.2, first informant, reached his house he found his brother Rameshwar was lying on a bed breathing his last and blood was oozing out from his head. His mother P.W.5, Ganga Devi and his sister P.W.8, Bali informed him that Smt. Jamni, accused appellant, and his brother Rameshwar were sleeping in a room and after an hour accused appellant, Jamni, came out from the room opened the main gate (Pole) and went outside the house in the open, upon which P.W.5 asked her as to why she went out of the house in the night, as according to her it is not proper to go outside the house in night as she is a newly wedded wife. In answer to the query made to accused appellant she replied that she had gone out of the house to make water. The mother of first informant, Smt. Ganga Devi advised accused appellant that if she has to urinate she can do so in guwari inside the house. After aforesaid discussion with P.W.5 the accused appellant went in the room where deceased Rameshwar was sleeping. According to first informant P.W.2 his mother and sister then thereafter started to feel drowsy and after an hour again accused appellant, Jamni opened the main gate (pole) and started to make hue and cry calling for help of her mother-in- law, Ganga Devi (PW.5). Upon the hue and cry made by the accused appellant for help, the mother and sister of first informant immediately rushed up and they came outside the house but Smt. Ganga Devi did not see her son outside the house. When both of them entered the room of Rameshwar they saw that deceased was lying injured on the bed and blood was oozing out from his head. Both P.W.5 and P.W.8 made hue and cry upon which his uncle, Chhoga Das Ji (P.W.6) and Naru Jat (P.W.7) came to his house. According to first informant, P.W.2, he entertained a strong suspicion in his mind that it is accused appellant Jamni who has committed murder of his brother, Rameshwar as she was sleeping with him after bolting the door from inside. He expressed his suspicion that she might have committed the murder of his brother Rameshwar as she might not be willing to live with him as his wife.

(3). On the basis of FIR Ex. P.8 drawn at Police Station Gangapur the investigation was commenced by P.W. 17, Azam Ali Khan.

(4). After completio

Click Here to Read the rest of this document