BHARAT BHUSHAN, J. - (1.)Appellant Nand Ram has preferred this criminal appeal against the judgment and order dated 12.11.2003 passed in Sessions Trial No. 210 of 2002 (State Vs. Nand Ram) arising out of Case Crime No. 21 of 2002, under Sec. 302 Indian Penal Code (in short I.P.C.), Police Station (in short P. S.) Jaria, District Hamirpur, whereby the appellant was convicted under Sec. 302 Penal Code and sentenced to life imprisonment along with a fine of Rs. 10,000.00 with default stipulation.
(2.)The encapsulated facts of the case are that on 24.4.2002 complainant Shivdutt (P.W.-2) had altercation with his brother/accused Nand Ram in his barn about the damage to his crop of pigeon peas upon which the accused appellant Nand Ram is said to have threatened the complainant. Shivdutt (P.W.-2) came back to his residence and was having conversation with his brothers-in-laws Kamlapat and Naveen Chandra (P.W.-3) (wife's brothers) at his door. Suddenly at about 9 pm, appellant Nand Ram, armed with a Banka (a sharp edged weapon akin to sword) arrived there and started abusing and also tried to assault the complainant Shivdutt. Shivdutt ran from that place. His two brothers-in-law and wife Smt. Shashikirti (deceased) also rushed to rescue him whereupon accused Nand Ram attacked his wife Shashikirti, causing various injuries on the person of deceased Shashikirti. Deceased Shashikirti fell down near the house of Jagat Singh due to these injuries and died.
(3.)P.W.-2 Shivdutt immediately lodg ed the First Information Report (in short F.I.R.) (Ex.Ka.-2) at Police Station Jaria at about 12.30am on 25.4.2002, which was registered as Case Crime No. 21 of 2002 under Sec. 302 I.P.C. The F.I.R. was promptly lodged within three and half hours of the incident at police station Jariya, which was located at a distance of 8 km. from the place of incident.