- (1.) This criminal appeal has been preferred against the judgment & order dated 11.07.2018 passed by learned Additional Sessions Judge, Shahpura, District Jaipur in Sessions Case No.03/2017 (NCV No.04/2017), whereby appellant had been convicted and sentenced for the offence punishable under section 302 of the Indian Penal Code (IPC) to life imprisonment with fine of Rs.1,000/-; in default of payment thereof, to further undergo one month's additional rigorous imprisonment.
(2.) Brief facts are that a hand written report was submitted before Police Station Manoharpur, District Jaipur on 14.09.2016 by complainant ? Sultan Gurjar that on 13.09.2016 his brother Kalluram Gurjar was sleeping in his room at night. When Smt. Vimla Devi came home at about 1.00 AM from the house of her paternal uncle-in-law after attending the baby birth celebration function (Jalwa), she had seen injuries on the head of her husband. So, she cried for help. Family members and villagers reached there and found Kalluram lying dead. At that time, Krishna and Sachin were sleeping in other room and their elder brother was at his maternal home. All the family members were in deep grief. Sultan and other villagers informed the police. Police came and took the dead body to the mortuary at NIMS Medical College and Hospital, Jaipur. On this, an FIR No.246/2016 was registered at Police Station Manoharpur for the offence punishable under section 302 IPC and investigation commenced.
(3.) After investigation, chargesheet was submitted against accused Krishna Devi by police before the learned Judicial Magistrate, Shahpura from where the case was committed to the learned learned Additional Sessions Judge, Shahpura, District Jaipur.;