Decided on August 05,2019



CHATURVEDI ,J. - (1.) Instant criminal appeal under Section 374(2) Cr.P.C. has been preferred by the accused appellant Sawai Singh against the judgment and order of conviction dated 19.12.2012 passed by the learned Sessions Judge, Rajsamand in Sessions Case No.86/2011, whereby, the learned trial Court convicted him for the offence under Section 302 IPC and sentenced him to undergo life imprisonment.
(2.) Brief facts giving rise to this appeal are that on 19.04.2011, Roshan Singh (PW-1) submitted a written report (Ex.P/1) to SHO, Police Station Deogarh District Rajsamand alleging inter alia that his younger sister Smt. Ladu got married to Sawai Singh @ Shiv Singh, accused-appellant about 18 years ago. After marriage, he used to pick quarrels incessantly with his sister (the deceased). On many occasions, the differences between them were resolved by the members of families and community. It was further alleged that on 18.04.2011, at about 08:00 p.m., his maternal uncle, (Mama) Shri Ram Singh s/o Bhoor Singh, resident of Pandi, informed him telephonically that his sister Ladu had been killed by her husband and asked him to reach at village Anoppura, thereupon, he alongwith his father, brother and other members of his family, rushed to village Anoppura where they found that the police had already arrived and they were informed that on the same day at about 7.30 p.m., his sister (deceased) was preparing food, when, Sawai Singh reached there in an intoxicated state and started quarrelling with his sister and inflicted iron rod (Sabbal) blows on her head and other parts of the body which resulted into her death on the spot.
(3.) On the basis of this report, a formal F.I.R. No. 102/11 (Ex.P/14) was registered at Police Station, Deogarh District Rajsamand for the offence under Section 302 IPC and the investigation commenced. During the investigation, Photographs of the deceased Smt. Ladu were taken. The dead body of the deceased Smt. Ladu was subjected to post mortem examination by PW-16 Dr. Suresh Chand and PW-17 Dr. Sushil Jingar who opined the cause of death of the deceased to be Neurogenic shock due to fatal head injury. During investigation, following documents were prepared by the investigating officer: 1. Inquest Memo Ex.P/3 dt.19.4.11 2. Fard Supurdgi Lash Ex.P/5 dt.19.4.11 3. Site Plan Ex.P/2 dt.19.4.11 4. Seizure Memo of blood stained clothes of the deceased. Ex.P/4 dt.19.4.11 5. Seizure Memo of Blood stained Soil and Control Soil Ex.P/6 dt.19.4.11 ;

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