- (1.)Delay condoned. Leave granted.
(2.)This appeal is directed against the judgment dated 9.11.2011 passed by the Jodhpur Bench of Rajasthan High Court in D.B. Crl. Appeal No. 950/2004 by which the High Court has confirmed conviction of the appellant under Sections 302 and 309 IPC and the sentence imposed upon him.
(3.)Briefly stated, the case of the prosecution is that Nathi, sister of PW-3 Naresh Salvi, got married to Magan Salvi. About two years prior to the incident, due to differences with her husband, Nathi left her matrimonial house and she was residing at her parents' house, Mauza Basti, District Udaipur. While staying at her parents' house, Mauza Basti, Nathi developed intimacy with Narendra- the accused. About three months prior to the incident, Nathi and the accused eloped and returned to the village after 10-15 days. On 19.03.2003, the parents of the deceased and the complainant went for work. PW-3 was also not at home and he was participating in some events pertaining to Holi festival and Nathi was all alone at home. At about 2.30 p.m., on returning home, PW-3 found the main gate closed, and despite calling, the gate was not opened from inside. Thereafter PW-3 entered into the interior open floor of the house through the outer wall, wherefrom he saw Nathi and Narendra standing in a room with closed door. From the peep-hole of the door, PW-3 saw the accused with a sword in his hand and the accused inflicted sword blows on the deceased and caused stab injuries on the chest and the abdomen. On hearing the alarm raised by PW-3, neighbours Kalu Lal and Shankar Lal and others came to the place of occurrence and the door of the room was opened. Nathi was found on the floor with stab injuries bleeding all over and accused was also found having stab wounds in his abdomen.