J.C. Verma, J. - (1.) This is an appeal filed against the judgment dated 13.8.1993 passed by the Additional District & Sessions Judge, Jaipur whereby the appellant had been ordered to be sentenced to life imprisonment under section 302 IPC with a fine of Rs. 2,000/-. He has also been sentenced under section 404 IPC for six months simple imprisonment with a fine of Rs. 50/- in default of sentence.
(2.) A report was lodged by one Prahlad son of Bhonrilal in Police Station Bassi to the effect that Smt. Nahna wife of Rain Narain (PW 4) was residing in village Shri Ram Nagar, Said Ram Narain had gone to meet the relatives on 5.5.1991. At about 9.00 or 10.00 a.m. PW 1 and other persons found the house of Ram Narain locked from outside. The witness peeped through the door and saw said Nahna in a dead condition and bleeding from her head. She did not respond despite being called. It. was stated in the report that the nephew of the deceased had come in the house last evening and he was missing at that time when the occurrence was noted. They suspected said Kaluram, nephew was involved and thus report Ex. P/1 was recorded. On the report, site plan was prepared, blood- stained earth was collected and sealed, photographs of the deceased were taken vide Ex. P/13 and she was sent for post-mortem which was done on 6.5.1991 at 9.00 a.m. by Dr. Kailash Gupta PW 15. It was stated in the post-mortem report that the death had occurred prior to 24 to 36 hours of the post-mortem. Three lacerated wounds of the size 6" x 3", 4" x 3" and 3' x 2' were found at vital places on head. The cause of the death was stated to be coma because of injury to brain and fractures of skull bone.
(3.) Ram Narain, the husband of the deceased had also stated after 3 days that one 'Jantar' an golden ornament was also missing which was worne by the deceased at that time and axe was recovered from the house of Rain Narain (PW 4), hidden under the straw on 28.5.1991. Site plan was also prepared vide Ex. P/6. Axe was sealed. FSL report was also procured. As many as 18 prosecution witnesses were examined. There was complete denial on the part of the accused in his statement under section 313 Cr.P.C.;