- (1.)Instant criminal appeal has been filed by accused appellant Omprakash against the judgment dated 4.7.2001 passed by Add. Sessions Judge, Chhabra District Baran whereby the accused appellant was convicted for the offence under Section 302 IPC and was sentenced for the imprisonment and Rs. 100/- fine in default to further suffer imprisonment of three month's RI.
(2.)The brief facts relevant and essential for the disposal of the appeal are as under:
(3.)PW-8 Balmukand lodged a written report Ex.P. 19 on 3.7.99 at 8.15 p.m. to SHO Police Station, Atru wherein it was mentioned that his uncle Om Prakash came to his house with his wife Dhapubai. On 3.7.99, his uncle Om Prakash was in his room and Balmukund and his mother were working out side the room in a Chouk. Dhapubai was also sitting with them. His uncle accused Om Prakash asked his wife to come inside the room, his aunt Dhapubai went there where accused Om Prakash caused her injuries by knife, they tried to rescue her. Neighbours Chandra Bahadur and Chouthmal also came there. All of them tarried to save Dhapubai. Dhapubai became faint. She was shifted to hospital where she died after 15 minutes. Her aunt received injuries on abdomen, both eyes and breasts. On this report police registered a case for the offence under Section 302 IPC and started investigation. Investigating Officer reached the spot and prepared site plan. Autopsy was conducted on the body of deceased Dhapubai. Accused Om Prakash was arrested. Pants of accused was also seized by the police. Police also recovered knife on the information and at the instance . of the accused After completion of investigation, challan has been filed against accused appellant for the offence under Section 302 IPC before the concerned Magistrate where from the case has been committed to Addl. Sessions Judge, Chhabra. After hearing charge argument, charge for the offence under Section 302 IPC was framed against the accused appellant. Accused denied the charge and claimed trial. Prosecution examined as many as 17 witnesses Namely Kalulal PW-1, Jamanbai PW-2, Bhu-vnesh Sharma PW-3, Choathmal PW-4, Mohan Lal PW-5, Chandra Bhahdur PW- 6, Dr. N.D. Irani PW-7, Balmukand PW-8, Sunita PW-9, Kailashbai PW-10, Hukma Chandra PW-11, Badrilal PW-12, Radheshyam Patel PW- 13, Rajesh Kumar Kavat PW-14, Gopal Lal PW-15, Laxmi Chand Meena PW-16 and Mamtabai PW-17. Accused was examined under Section 313 Cr.P.c. No defence witness was examined by him. After hearing arguments learned trial court convicted the accused appellant for the offence under Section 302 IPC and sentenced him as indicated herein above.