J U D G M E N T

D.B. Criminal Jail Appeal No.971 of 2008.

Nemichand S/o Harlya Vs. State of Rajasthan UNDER SECTION 374 OF THE CODE OF CRIMINAL PROCEDURE, 1973 AGAINST THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED 23.06.2008 PASSED BY THE COURT OF ADDITIONAL SESSIONS JUDGE (FAST TRACK), NO.1, ALWAR, IN SESSIONS CASE NO.14/2008.

Date of Judgment ::: 30th July, 2015.

Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia Hon'ble Mr. Justice Banwari Lal Sharma Mr. Vinay Pal Yadav, Counsel for accused-appellant Mr. Aladeen Khan, Public Prosecutor for the State ***

Per Court {Ahluwalia J.} (Oral) :

Mst. Brahma @ Birma Devi was married with the present appellant, Nemichand. They were blessed with two sons and one daughter. Elder son was working in a factory and the daughter was married. Jitendra (PW-2) was only offspring residing with the parents. Lalita (PW-3), younger sister of Mst. Brahma @ Birma Devi was also married with the real brother of the accused-appellant.

The case of the prosecution, in nut-shell, is that on

5th of December, 2007 at around 03:00 P.M. the appellant in the house owned and possessed by him at Village Mirzapura had strangulated his wife, Mst. Brahma @ Birma Devi.

The Cou