Decided on August 29,2019

Sonu @ Sohan Ahir Appellant
STATE Respondents


SANDEEP MEHTA,J. - (1.) The appellant herein has been convicted and sentenced as below vide the judgment dated 25.04.2016 passed by learned Sessions Judge, Bhilwara in Sessions Case No.87/2013: Under Section 302 IPC Life Imprisonment and a fine of Rs.25,000/-, in default of payment of fine to further undergo five months' additional SI. Under Section 201 IPC Three years' RI and a fine of Rs.5,000/-, in default of payment of fine to further undergo one month's additional SI. (Both the substantive sentences were ordered to run concurrently.)
(2.) Being aggrieved of his conviction and the sentences awarded by the trial court, the appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.
(3.) The facts involved in the case can be encompassed in a very short framework. The appellant herein was married to Smt. Keli D/o Shri Bherulal Ahir about 10 years before the incident. Both used to reside in a rented house of Nanda Kumhar at Bhilwara. Smt. Keli received a fatal injury on her head and passed away on 21.04.2013. Keli's father Bherulal (PW.11) received an information that his daughter had been killed. PW.18 Phool Chand, SI posted at Outpost Sanganeri Gate, PS Subhash Nagar, Bhilwara also got an information that Keli Devi, a tenant in the house of Nandlal Kumhar had died by hanging. On this, the Sub Inspector reached the place of incident and saw that the house of accused-appellant Sonu was locked. The complainant Bherulal (PW.11) met him outside the house alongwith 8-10 persons and told him that his daughter had been killed by accused-appellant Sonu and he had taken her dead body to village Baglo Ki Jhopadiya, Police Station Bigod so as to avoid postmortem and cremate the dead body secretly. The Sub Inspector Phool Chand (PW.18), thereupon informed the Police Control Room, Bhilwara as well as the Police Station Bigod and started for the village Baglo Ki Jhopadiya alongwith the complainant Bherulal. PW.14 Ram Kunwar, ASI of Police Station Subhash Nagar also reached their. The accused-appellant Sonu brought the body of the deceased to the village in a maruti van. The SI Phool Chand (PW.18), the ASI Ram Kunwar (PW.14) and the complainant Bherulal saw the dead body which was bearing marks of violence on the face and blood was coming out from the ear. Bherulal (PW.11) complained that his son-in-law Sonu had killed Keli and prayed that the dead body be subjected to postmortem. Upon this, the SI Phool Chand (PW.18) brought the dead body of Smt. Keli to Mahatma Gandhi Hospital, Bhilwara and gave a requisition for conducting postmortem of the dead body. A Medical Board comprising of Dr.Yogesh Sharma, Dr.Vinod Kumar Jingar and Dr.Farzana Siddiqui was constituted which conducted postmortem upon the dead body of the deceased and issued the postmortem report (Ex.P/12) noticing the presence of a single external injury ad measuring 2 x 1 cm on the head of the deceased. The injury was associated with a big hematoma. When the dead body was opened, the bones etc. of the head as well as the vertebra were found to be in a healthy condition. The brain membranes were unaffected. A subdural hematoma ad measuring 2.5 x 1.5 cm was seen on the left fronto-temporal region. The cause of death of Smt. Keli was opined to be coma induced by the head injury. Shri Bherulal submitted a report (Ex.P/14) to the SHO PS Subhash Nagar on 21.04.2013 alleging that his son-in-law Sonu had killed his daughter. He also alleged in the report that Sonu called him in the morning at about 5:30 am and informed that his daughter had died.;

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