ARIJIT PASAYAT, J. - (1.) LEAVE granted.
(2.) CHALLENGE in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court upholding the conviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). The appellant was convicted by learned Addl. Sessions Judge, Parbatsar who sentenced him to undergo life imprisonment and to pay a fine of Rs.200/- with default stipulation. Background facts in a nutshell are as follows: A written report (Ex.P/18) was submitted before Sattar Khan, Sub-Inspector of Police, PS Nawa (PW-11) by Idan (PW-6) on 9.6.1999 with the averments that in the morning i.e. at about 7a.m. accused Shakti Dan started beating his wife at his house so she ran away from there and reached to the house of Idan (PW-6), the younger brother of the accused. The mother of the accused, namely, Smt. Ugam Kanwar also followed her and she also reached the house of Idan which was near the house of the accused. Smt. Ugam Kanwar (hereinafter referred to as the 'deceased'), advised his son accused Shaktidan that he should not quarrel with his wife. On hearing this, accused caught hold of his mother and dragged her out from the house and took her in front of the temple of deity Karni Mata, where he throttled her neck, on account of which she died. On this report, which was received by Sattar Khan (PW-1), he thought it proper to conduct preliminary investigation. He called the photographer and then prepared Fard Ex.P/3. He also inspected the site and prepared an Inspection Note (Ex.P/1). On the back of Ex.P/1 Fard Surat Hall Lass was prepared and that is Ex.P/19. Fard Panchayatnama was also prepared, which is Ex.P/2. The dead body was taken to Govt. Hospital, Nawa, where postmortem of the dead body was conducted by Dr. Satyendracharya Swami (PW-14). The postmortem report is Ex.P/5. After postmortem, the dead body was handed over vide Ex.P/20 through Fard Supadaginama of the dead body of deceased Ex.P/22 to Idan (PW-6). Thereafter, he reached to Police Station Nawa and submitted a written report (Ex.P/18) given to him by Idan before the SHO, Police Station, Nawa Ishwar Singh (PW-13), who registered case No.61/99 under Section 302 IPC.
(3.) A regular FIR was chalked on the basis of above report (Ex.P/21). Thereafter, the investigation was conducted by Ishwar Singh (PW-13). He recorded statements of the witness of the case. The accused was arrested through Arrest Memo Ex.P/4 in presence of the witnesses. After investigation, a charge sheet was presented in the Court of Judicial Magistrate, Nawa under Sections 302 and 323 IPC on 19.7.1999. Thereafter, the case was committed to the Court of Sessions for trial. The learned Addl. Sessions Judge, Parbatsar, after hearing both the sides on charge, framed charges under Section 302 and 323 of IPC on 16.12.1999. Accused denied the charges framed against him and claimed trial. In support of the case, prosecution examined Hamir Singh (PW-1), Kishorilal (PW-2), Pushpa Kanwar (PW-3) (the wife of the accused), Shambhoo Singh (PW-4), Saroj Kanwar (PW-5)(wife of PW6 Idan), Idan (PW-6), Kishore Singh (PW-7), Madho Ram (PW- 8), Jogendra Singh (PW-9), Girdharilal (PW-10), Sattar Khan (PW-11), Santosh (PW-12), Ishwar Singh (PW-13) and Dr. Satyendracharya Swami (PW-14). After completion of the trial, statement of the accused was recorded on 01.12.2001. In his statement under Sec. 313 of the Code of Criminal Procedure, 1973 (in short the 'Code') accused has denied the charges against him and stated that there was enmity of the accused with Shambho Singh (PW-4).;