SANDEEP MEHTA, J. - (1.) The appellant Shambhu Lal has been convicted and sentenced as below vide judgment dated 22.7.2006 passed by the learned Additional Sessions Judge, Nimbahera, Camp Badi Sadari, Chittorgarh in Sessions Case No. 96/2005: Offences Sentences Fine Default sentences Section 302 I.P.C.Life ImprisonmentRs. 2,000/-3 Months R.I.
(2.) Being aggrieved of his conviction and sentences, the appellant has preferred this appeal under Section 374(2) Cr.P.C.
(3.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow: Chunni Lal (P.W.-1) lodged a written report (Ex.P/1) at the Police Station Nikumb alleging inter alia that his daughter had been married to the appellant Shambhu Lal about 25 years ago. A son named Raju, born from their wedlock, was presently 18 years old and used to live with the informant. Shambhu Lal was in a habit of quarrelling with Smt. Leela after consuming liquor. About a month ago, Shambhu Lal assaulted Leela on which, she jumped into the neighbours house and somehow saved herself. Thereafter, she came and started living with the informant. She stayed at the maternal home for about 15 days. On intervention by the members of the community and on the assurance given by Shambhu Lal that he would not quarrel with Leela in future, she was sent back to the matrimonial home. One Manoj son of Sohanlal, resident of Chandakheri, approached the complainant on 14.10.2005 and informed him that Leela had passed away. On this, the complainant and his family members went to Leelas matrimonial home and saw her lying dead with froth coming out from her nose and mouth. The complainant alleged that the death of Leela had occurred under suspicious circumstances. Upon this, proceedings under Section 174 Cr.P.C. were initiated. The Panchayatnama of Leelas deadbody was prepared whereafter, postmortem was carried out thereupon. The postmortem report (Ex.P/11) was received as per which, the cornua of hyoid bone was fractured. The cornua of thyroid cartilage was fractured. The 4th and 5th cervical vertebrae were also fractured and the spinal cord was compressed at various places. The cause of death of Leela was opined to asphyxia due to throttling. The deadbody of Smt. Leela was handed over to Chunni Lal for cremation. On 17.10.2005, the Investigating Officer proceeded to register an F.I.R. No. 94/2005 (Ex.P/13) for the offence under Section 302 I.P.C. against the accused appellant who was arrested on 18.10.2005. Relevant steps of investigation were undertaken and thereafter, a charge-sheet came to be filed against the appellant for the offence under Section 302 I.P.C. in the Court of Magistrate concerned. Since the offence was exclusively triable by the Court of Sessions, the case was committed to the Court of the Additional Sessions Judge, Nimbahera for trial, who framed charge against the accused appellant for the said offence to which, the appellant pleaded not guilty and claimed trial. The prosecution examined as many as 16 witnesses in support of its case and exhibited 38 documents. Upon being questioned under Section 313 Cr.P.C., the accused appellant denied the prosecution allegations and claimed that Leela was weak of mind and had died by consuming poison. Two witnesses DW-1 Punaji and DW-2 Mangi Lal were examined in defence and three documents were exhibited. Upon hearing the arguments advanced by the prosecution and the defence and, appreciating the evidence available on record, the learned trial judge, proceeded to convict and sentence the appellant as above. Hence this appeal. ;