MOOLCHANDANI, J. - (1.)Conviction and sentence of life imprisonment dated 3/5/2008 passed by District and Sessions Judge, Jaisalmer, in Sessions Case No.24/07 has been assailed by the appellant -accused by which the appellant -accused has been sentenced for life imprisonment and a fine of Rs.1,000/ - and in default further to undergo one month's rigorous imprisonment under Section 302 of IPC and to undergo three years rigorous imprisonment and a fine of Rs.1,000/ - and in default further to undergo one month's rigorous imprisonment under Section 201 of IPC.
(2.)Brief facts pertaining to the case are that complainant Dungra Ram P.W.3 submitted a written complaint Ex.P.1 before Police Station Sam on 3/5/07 stating therein that Magaram son -in -law of complainant was not happy with them, so did not permit Kasturi, her daughter to visit her parental home. On 29/4/2007, his son Danvra Ram's marriage was scheduled, so Poona Ram, brother of complainant fetched Kasturi, subsequently, Magaram his son -in -law also came there to attend marriage. On 2/5/2007, Magaram asked to take away Kasturi, so he asked not to go because of "Wednesday" (a bodeful day), but he did not yield and threatenedly left and on 3/5/2007, it has now come to his knowledge that his daughter "Kasturi" is no more and after going to Village Nimba, he found dead body of his daughter Kasturi, lying inside the hut (Jhopara) and this information was registered as a "Morgue" but subsequently after inquest made by SDM, Jaisalmer and factual report sent by him to Police Station Sam, a FIR was registered under Section 302 of IPC against accused Magaram.
(3.)Heard learned counsel for both the parties and perused the relevant material available on record.