Mathur, J. - (1.) By the judgment dated 22.05.2003, learned Additional Sessions Judge (Fast Track), Udaipur convicted the accused appellant for the offences punishable under Section 302 and 325 IPC, and sentenced him for life term with a fine of Rs.100/- and further to undergone one month rigorous imprisonment in the event of default in payment of fine for commission of offence under Section 302 IPC. For commission of offence under Section 325 IPC, the accused appellant is sentenced to undergo one year rigorous imprisonment with fine of Rs.100/- and further to undergo one month rigorous imprisonment in the event of default in payment of fine.
(2.) Briefly stated, facts of the case are that on 12.09.02 at about 6 PM, statement of one Nathu lal Meghwal (Ex.D/2) was drawn wherein, he stated that at about 5 PM, his son-in-law gave certain knife blows to Smt. Sakku Bai, aged 32 years. Smt. Sakku Bai was married with accused Nathu about 15 years earlier and since marriage, he was ill-treating and torturing her. At about five years earlier, a sword blow was given by the accused to Smt. Sakku Bai, consequent thereto she lost her thumb. After the incident aforesaid, Sakku Bai was residing at Thor with her father. From last about 1 2 years, accused appellant too came to Thor and was residing with Smt. Sakku Bai, however, his behaviour and attitude with his wife was not appropriate and he was in habit of quarreling with his wife. On the day of incident, Sakku Bai was all alone at home and at that time, accused came there, entered in the room by breaking the door and gave knife blows on her head, neck, hands etc. On hearing hue and cry made by Sakku Bai, Ratan lal, Narayan and Smt. Gheesi Bai reached at the spot and tried to save her. However, accused twisted the hand of Smt. Gheesi Bai and again gave 3-4 knife blows to Sakku Bai, consequent there to, she died.
(3.) On basis of the information aforesaid, a case was lodged, investigation was made, the accused was charge-sheeted for an offence punishable under Section 302 IPC and the case was committed to the Court of Sessions. The accused was charged for the offences punishable under Section 302 and 325 IPC, on denial of the same, he was tried.;