JUDGMENT

Judgment pronounced on ::: 31 /08 /2022

Judgment reserved on ::: 09/05/2022

BY THE COURT : (PER HON’BLE MEHTA, J.)

The appellant herein has been convicted and sentenced as below vide judgment dated 26.07.2018 passed by learned Sessions Judge, Sri Ganganagar in Sessions Case No.24/2012:-

He has preferred the instant appeal under Section 374 (2) Cr.P.C. for assailing the said judgment.

Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:-

Prem Chand (PW.1) (hereinafter referred to as the informant) submitted a written report (Ex.P/1) to the SHO PS Sri Vijaynagar District Sri Ganganagar on 09.04.2012 at 03:15 PM alleging inter alia that he was a resident of Village 4 B.L.D. and was working as a house-cleaner in the Shivpuri Garh (castle of erstwhile ruling family). Shri Rajendra Singh Rathore who had been elected as the Chairperson of the Krishi Upaj Mandi Samiti, Sri Vijaynagar was staying at the Garh with his wife Smt. Annu Kanwar and Rani Sahiba. Shri Rajendra Singh indulged into excessive consumption of liquor after winning the election of Chairperson and thus, he had been admitted to a de-addiction centre at Sri Ganganagar. In the morning, the informant reached the Garh for his routine cleaning duties whereupon he saw Rajendra Singh and his wife sitting under a tree outside the Garh. They were quarreling over keys of the car. The informant cleaned the ground floor and went upstairs. Rani Sahiba went to the nearby school. Rajendra Singh’s parents were staying on the upper floor of the Garh. At about 12:45 PM, he heard a gunshot on which he rushed down and saw Annu Kanwar lying on the ground imbrued in blood. Rajendra Singh was standing nearby and went back to his room on seeing the informant. He approached Rani Sahiba at the school and told her and Tejpal Guruji that Rajendra Singh had shot his wife Smt. Annu Kanwar who was lying down in the hall. Tejpal made a call to the police station. A police vehicle came and took Smt. Annu Kanwar to the hospital in an injured condition where, she expired while undergoing treatment.

On the basis of this report, an FIR No.98/2012 came to be registered at the Police Station Sri Vijaynagar for the offence punishable under Section 302 of the IPC.

It may be stated that prior to registration of the above FIR, the Incharge SHO Sri Vijaynagar Sawai Singh (PW.15) who received the call of Tejpal master at around 01:05 PM had reached the Garh where, he saw Smt. Annu Kanwar lying down in an injured condition. Her guts were spilling out and blood was smeared all around. He got some photographs taken. Annu Kanwar though seemingly alive was not speaking. Shri Sawai Singh immediately took her to the hospital and got her admitted. He then, collected a police team and came back to Shivpuri Garh where he heard sound of glass breaking from the upper floor. He proceeded to the upper storey of the building where he saw that Rajendra Singh was trying to break the windowpanes and his hands and clothes were stained in blood. Rajendra Singh confessed before the police officials that he had made a mistake and that he would commit suicide. Rajendra Singh was overpowered and was taken to the hospital. Annu Kanwar succumbed to her injury. Prem Chand thereafter submitted the written report (Ex.P/1) whereupon FIR No.98/2012 came to be registered at the Police Station Sri Vijaynagar. Initial investigation was undertaken by Shri Sawai Singh, Incharge SHO. Naresh Kumar (PW.23) SHO, Police Station Sri Vijaynagar returned to the police station in the late hours of the day and further investigation was undertaken by him. Shri Naresh Kumar interrogated the accused Rajendra Singh in custody and in furtherance of the informations provided by the accused under Section 27 of the Evidence Act, got recovered the incriminating articles.

The broken 12-bore gun recovered at the instance of Rajendra Singh was sent to the FSL for ballistic examination. However, the FSL authorities returned the gun with a r