HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Appeal No. 303/2019

Devaram S/o Sh. Sonaram, Aged About 30 Years, By Caste Jat,

Resident Of Jato Ka Doran, Police Station Sadri, Dist. Pali (Raj.)

(Presently Lodged In Central Jail, Jodhpur)

----Appellant

Versus

State, Through PP

----Respondent

For Appellant(s)

:

Mr. Vineet Jain, Sr. Advocate assisted

by Mr. Ashok Kumar

For Respondent(s)

:

Mr. R.R. Chhaparwal, PP

Mr. Suresh Kumbhat for complainant.

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE FARJAND ALI

J U D G M E N T

Judgment pronounced on

:::

20

/05

/2022

Judgment reserved on

:::

11/04/2022

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

1.

The appellant herein has been convicted and sentenced as

below vide judgment dated 11.10.2019 passed by learned Addl.

Sessions Judge, Bali District Pali in Sessions Case No.47/2012:-

Offence

under

Section

Sentences

Fine

Sentence in lieu of

default of payment

of fine

302 IPC

Life Imprisonment

Rs.15,000/- 6 month’s Additional

Imprisonment

201 IPC

3 Years’ RI.

Rs.5,000/-

3 Months’ Additional

Imprisonment

364 IPC

10 Years’ RI

Rs.10,000/- 5 Months’ Additional

imprisonment

All the sentences were ordered to run concurrently.

(2 of 21)

[CRLAD-303/2019]

2.

He has preferred the instant appeal under Section 374(2)

Cr.P.C. for assailing the impugned judgment of conviction and the

sentences awarded to him by the trial court.

3.

Briefly stated the facts relevant and essential for disposal of

the instant appeal are noted hereinbelow:-

The deceased Rekha was married to the appellant a year and

half before the incident. She was at her maternal uncle’s house

from where she went missing on 14.09.2012. A Missing Person

Report (Ex.P/9) was lodged by Ghisaram (PW.5), maternal uncle

of the girl at the Police Station Sadri on 15.09.2012. No suspicion

whatsoever was cast on anyone behind the disappearance of

Rekha in this report. The dead body of Rekha was recovered on

17.09.2012 whereafter FIR (Ex.P/6) came to be lodged by Rekha’s

brother Banshilal (PW.4) at the Police Station Sadri alleging inter

alia that Rekha had left her maternal-uncle Ghisaram’s house on

14.09.2012 at 03:15 PM. However, she neither reached the

parental home nor did she report at the matrimonial home upon

which, Shri Ghisaram had lodged a missing person report on

15.09.2012. On 17.09.2012, information was received regarding

dead body of a woman lying in the ‘Barwa Ki Jod’ on which, Shri

Banshilal and his relatives reached the spot and identified the

body to be of Rekha. She had been married to Deva Ram about a

year and half ago. Right after the marriage, marital discord

developed amongst Rekha and her husband as well as with the

matrimonial relatives. His sister was living at the parental home

(3 of 21)

[CRLAD-303/2019]

for the last four months. On 14.09.2012, she had gone to her

maternal-uncle Ghisaram’s home. She received a call on her

mobile phone No. 9636664970 on which, she started to leave

without any information as to where she was going. Noticing this,

Shri Ghisaram inquired and the girl divulged that her husband had

called and she was going to meet him. The informant alleged that

Deva Ram had called Rekha on a false pretext and thereafter he

murdered her. On the basis of this report, FIR No.150/2012 came

to be registered at the Police Station Sadri for the offences under

Sections 364, 302, 201 & 120B IPC and investigation was

commenced. The dead body of Smt. Rekha was subjected to

autopsy

through

a

medical

board

constituted

of

Dr.Devendra Choudhary (PW.31) and Dr. Abhijeet Jain (PW.32).

The autopsy was carried out and the Medical Board issued

postmortem report (Ex.P/38) opining that the cause of death of

Smt. Rekha was strangulation.

4.

The accused appellant was arrested. Acting in furtherance of

the information provided by the accused (Ex.P/48), the IO claims

to have effected recove