Govind Mathur, J. - (1.) FOR the offences punishable under Sections 302, 324 and 323 IPC, the accused appellant was convicted under judgment dated 17.7.2003, passed by learned Additional Sessions Judge, Deedwana and was ordered to be sentenced as under: 302 IPC : life term with a fine of Rs. 500/ - and in default to which further to undergo five months rigorous imprisonment; 324 IPC : one year's rigorous imprisonment with a fine of Rs. 200/ - and in default to which further to undergo two months simple imprisonment; and 323 IPC : three months rigorous imprisonment with a fine of Rs. 100/ - and in default to which further to undergo one month's simple imprisonment.
(2.) IN brief, the facts of the case are that PW -4 Smt. Bhanwari Devi on 2.9.2002 made a statement before the Station House Officer of Police Station Maulasar that on the same day at about 09:00 AM her son Dula Ram gave an axe blow on the head of his wife Smt. Shanti and also gave an axe blow to her when she went into the room on hearing cry of Smt. Shanti. As per statement, Dula Ram then ran away from the house and on way he also gave an axe blow to Smt. Soni who was passing through the path. Smt. Bhanwari Devi also stated that from last about 15 days Dula Ram was not feeling well and he was making a complaint about his mental condition. On basis of the statement aforesaid (Ex.P/16) a case was registered for the offences punishable under Sections 302 and 307 IPC and after regular investigation a charge sheet was filed. The matter then was committed for trial and charges were framed for the offences punishable under Sections 302, 307, 323 and 324 IPC. The accused appellant denied the allegations and desired for trial. The prosecution supported its case with the aid of 22 witnesses, out of whom PW -4 Bhanwari Devi and PW -5 Soni Devi are the eye witnesses. The prosecution also got 43 documents (Ex.P/1 to Ex.P/43) exhibited. PW -21 Jitendra Singh being investigating officer stated about the steps taken while investigating the matter and PW -16 Dr. Moti Raj conducted autopsy on the body, thus approved his postmortem report. As per the postmortem report the body was having an antemortem incised wound 3 1/2" x 2" x 2" deep from left nuchel line to neck. And the cause of death in opinion of Dr. Moti Raj was shock because of head injury and loss of blood as a consequent to the injury aforesaid. The weapon of offence was recovered on 2.9.2002 on basis of disclosure made by the accused. The weapon was having blood stains matching with the blood group of deceased Smt. Shanti. The Forensic Science Laboratory's report is available on record as Ex.P/24.
(3.) PW -4 Smt. Bhanwari Devi, who is mother of accused, was declared as hostile witness, however, the trial court while relying upon the statements of PW -5 Smt. Soni Devi, PW -10 Hardeen Ram, PW -11 Nathi Devi, PW -12 Rampal and the investigating officer PW -21 Jitendra Singh, found the accused appellant guilty for the offences concerned and sentenced accordingly.;