- (1.) The appellant Ashok Kumar @ Ashoki has been convicted and sentenced as below vide judgment dated 14.12.2016 passed by the learned Special Judge, (Women Atrocities Act) Cases, Sri Ganganagar in Sessions Case No. 70/2013 (275/2014): Offence Sentences Fine Fine Default sentences Under Section 302 I.P.C. Life Imprisonment Rs. 10,000/- 6 Months' Additional S.I.
(2.) Being aggrieved of his conviction and sentences, the appellant has preferred this appeal under Section 374(2) Cr.P.C.
(3.) Ramchandra (PW-3), Sub Inspector posted at the Police Outpost Meera Chowk, Police Station Jawahar Nagar, District Sri Ganganagar received a telephonic information from the City Control Room on 19.4.2013 at about 5.30 pm. that a quarrel was going on near Hanuman Temple in Street No. 5, Ashok Nagar-B. Acting on the information, Ramchandra, S.I. alongwith F.C. Keshar Singh proceeded towards the place of incident. He reached the house in Street No. 5; the door whereof was open. Dead bodies of an old lady and a man were lying in the Courtyard of the house. On inquiring from the neighbours, Ramchandra came to know that the lady's name was Rajbala and the man was her son Rajkumar. He was told that half an hour ago, the lady's grandson Ashok Kumar son of Hanuman Meghwal came to the house and after indulging into a quarrel with them, he left the spot declaring that he had done away with both and had ended the dispute forever. No one from the neighbourhood agreed to present a report whereupon, Ramchandra lodged the report (Ex.P/7) with these allegations to the SHO, Police Station Jawahar Nagar. It was further mentioned in the report that the injuries to both the dead persons had been inflicted by a sharp weapon and that a blood stained axe was lying nearby. It was inferred by him that Ashok killed his grandmother and uncle owing to an internal family feud. On the basis of the above report, an FIR No. 228/2013 (Ex.P/8) was registered at the Police Station Jawahar Nagar, Sri Ganganagar for the offence under Section 302 I.P.C. Investigation was assigned to the Officer In-charge, Police Station Jawahar Nagar Shri Arvind Kumar (PW-13). The formal documents pertaining to the crime scene viz. Panchayatnama Lash of the two dead bodies, seizure memo of the dead bodies, site inspection plan, the site inspection memo, etc. were prepared. The accused appellant was arrested on 19.4.2013 at 8.40 pm. vide arrest memo (Ex.P/11). Blood stained clothes worn by the accused at the time of his arrest were seized vide seizure memo (Ex.P/12). After concluding the investigation, a charge-sheet came to be filed against the accused appellant for the offence under Section 302 I.P.C. As the offence was Sessions triable, the case was committed and transferred to the Court of Special Judge, Women Atrocities Act Cases, Sri Ganganagar for trial where, charge was framed against the appellant for the above offence. The accused denied the charge and claimed trial. The prosecution examined as many as 13 witnesses and exhibited 52 documents in support of its case. Upon being questioned under Section 313 Cr.P.C. and when confronted with the circumstances appearing against him in the prosecution evidence, the accused denied the same and claimed to be innocent. Two Documents were exhibited but, no oral evidence was led in defence. While the trial was underway, the FSL report pertaining to the blood stained articles seized from the spot, the blood stained clothes of the deceased and the blood stained clothes worn by the accused at the time of incident was received and was exhibited as Ex.P/37. As per the FSL Report, blood group of the blood stains found on the clothes of the deceased Rajbala and the blood stains found on the clothes of the accused matched with each other (Ex.P/37). After hearing the arguments advanced by the prosecution and the defence and upon appreciating the material available on record, the learned Trial Court, proceeded to convict and sentence the appellant as above. Hence this appeal. ;