Mathur, J. - (1.) By the judgment and order dated 29.01.2004, learned Additional Sessions Judge (Fast Track) No.1, Bhilwara recorded conviction of accused appellant for the offences punishable under Section 392 and 394/397 IPC and accordingly sentenced as under :- (i) Section 302 IPC Life imprisonment with fine of Rs.2000/- and further to undergo three months rigorous imprisonment in default of payment of fine. (ii) Section 394/397 IPC Ten years rigorous imprisonment with fine of Rs.1000/- and further to undergo one month rigorous imprisonment in event of default in making payment of fine.
(2.) Briefly stated, case of the prosecution is that on 01.10.02 at about 1:25 PM, a telephonic information was received at Police station, Raipur that an abandoned dead body of a lady was lying on Gangapur Road near Jaton ki Nadi. The information was recorded in daily diary and the Station House Officer, Harshraj Singh PW/27 proceeded to the spot of occurrence. At the spot of occurrence, a written report was submitted by PW/9 Mangi lal with the assertion that at about 12:30 PM, when he reached at bus stand, one Madan S/o Mangi lal Jat informed him that dead body of Smt. Kasturi wife of his son Balu was lying in the fields. On reaching, in the fields he found dead body of his daughter-in-law Smt. Kasturi lying there.
(3.) On basis of the aforesaid, a criminal case was registered. Accused was arrested and certain recoveries were made during the course of investigation. A charge-sheet then was filed before the competent Court and the case was committed to the court of Sessions. The trial court framed charges against accused appellant for commission of offences punishable under Section 302 and 397 IPC. But on denial of the same, regular trial was conducted.;