Indian Kanoon - Search engine for Indian Law

Both the appeals are registered against the common judgment dated 26.7.2012 passed by the learned Sessions Judge, Rajsamand in Sessions Case No.58/2011 whereby the accused appellant Gaje Singh was convicted for offence under Section 302 and 498A IPC and following sentence was passed against him, which reads as under:

Under Section 302 IPC Imprisonment for life Under Section 498A IPC Three years RI As per facts of the case on 14.10.2010, PW--1 complainant Devi Singh submitted a written report (Ex.P/1) upon that FIR no.160/2010 was registered under Section 306 and 498A IPC on 14.10.2010 at Police Station Kelwara, District Rajsamand.

In the FIR, complainant alleged that marriage of his sister late Smt. Kamla solemnized with the appellant Gaje Singh 10 years back and after two years of marriage, her in-laws and husband started quarreling with her, but his sister did not say any word to them but on 29.9.2010 her husband give beating and take her in the field at solitary place and it was suspected that accused appellant took his wife Kamla near well and pushed inside the well. It is also suspected that it is a case of murder because deceased was knowing swimming, therefore, the story of committing suicide is totally false. Therefore, it is prayed that action may be taken against her husband and in-laws for committing offence of murder. It is also stated that they were busy in cremation and final rites of the deceased, therefore, delay (3 of 13) [CRLA-796/2012] is caused. Before submitting aforesaid complaint, a written complaint was also submitted by one Surendra Singh on 2.10.2010 at Police Station Kelwara, District Rajsamand upon which Marg No.9/2010 was registered under Section 174 Cr.P.C. at 7.30 pm and investigation was commenced.

Upon complaint (Ex.P/1) formal FIR (Ex.P/16) was registered and investigation was commenced by the SHO Police Station, Kelwara. The appellant was arrested and after completing investigation, charge-sheet was filed against the accused appellant by the SHO Police Station Kelwara, District Rajsamand under Section 498A and 306 IPC in the court of Munsif and Judicial Magistrate, Kumbhalgarh from where case was committed for trial in the court of Addl. Sessions Judge (FT), Rajsamand.

In the trial, the learned trial court after considering entire evidence framed the charge against the accused appellant Gaje Singh for the offence under Section 498A and 306 IPC vide order dated 14.7.2011. After abolition of the court of Addl. District & Sessions Judge (FT), the case was again transferred to the court of Sessions Judge, Rajsamand on 1.4.2011 where trial was commenced.

As per record on 19.7.2012, at the time of final hearing of the case the learned trial court amended the charge and charge under Section 302 IPC was also added but the accused appellant denied the allegations for the charge of Section 302 IPC.