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| HC upholds life term to wife's murderer | | | Jammu, Aug 8: Division Bench of Jammu & Kashmir High Court Jammu wing comprising Justice Virender Singh and Justice Mansoor Ahmed Mir while deciding a criminal appeal filed by the convict who was convicted and sentenced to undergo imprisonment for the life the then sessions Judge Jammu on March 11, 2003 has upheld the order of Trial Court.
As per prosecution story appellant Lal Babu Rai a sepoy in Indian Army allegedly committed the murder of his wife Poonam and 9/10 Months old son Ravi Rai on September 3, 1994 on the basis that his wife was bad character and son was illicit. On information Kanachak police registered a case u/s 302 and started investigation. After completion of the investigation presented challan in the Court in which the then Principal Sessions Judge Jammu on March 11, 2003 sentenced to imprisonment for life to the accused. The accused filed an appeal against this judgment.
In the 30 pages approved for report judgment written by Justice Virender Singh for the Division Bench after hearing Adv Sakal Bhushan appearing for the appellant and Additional Advocate General. BS Salathia appearing or the state observed that an Endeavour made by Adv Sakal Bhushan in order to create doubt, motive projected by the prosecution and the investigation conducted, especially with regard to the three blood stained stones allegedly picked from the place of occurrence and sent for FSL subsequently on October 11, 1994, does not take Court to draw any inference against the prosecution. No doubt, in his substantive statement, Vijay Kumar Tiwari the real brother of the deceased has not given a clear picture about the stay of his sister in his house after she had some tiff with the accused.
He is also not clear about the exact date of birth or even the month of birth of the child. He in his cross-examination also stated that it was not clear to him as to who was that person about whom the accused doubted that his wife was carrying on and even at one stage he gave a new-version with regard to the motive as projected by one lady. Bu this is all immaterial. DB at the same time have presumed the statements of two real brothers of the accused, namely, Nand Ji Rai and Shivaji Rai who also being employed in army and posted with his brother at different stations has given a different story with regard to the leave of the accused and other brother (Shivaji Rai) and has also made an attempt to save the accused even if prosecution is discrepant qua the motive, it would not uproot the case of the prosecution.
This all becomes more or less academic in the light of the other reliable eye-version account on record. According to investigation conducted up to the stage of filling of challan, the accused was suspecting his brothers hand for taking his wife (deceased) of the track. The facts remains that the accused was suspecting his wife's disloyalty towards him and that is motive in this bosom, biz to commit murder of his wife and the child. After churning the entire evidence on record very carefully in its right prospecting, the net result no surfaces is that, the prosecution has been able to prove beyond any shadow of reasonable doubt that the accused alone is the perpetrator of the crime who on account of suspecting disloyalty of his wife towards him as partner and also suspecting his son of hardly 9/10 months an illicit one, killed both of them in a planned and gruesome manner. Therefore, his conviction u/s 302 RPC as already recorded by the Trail Court deserves to be upheld and ordered accordingly. With these observations DB dismissed the appeal and upheld the life-imprisonment awarded by the Trial Court.
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