- (1.) The appellant was indicted for having committed murder of his sons viz., Jeevan Das, aged 5 years and Kanhaiya Lal, aged 4 years. He was found guilty, convicted and sentenced by the learned Addl. Sessions Judge, Gulabpura under Section 302, I PC. vide judgment dated February 27, 1999; and sentenced to undergo imprisonment for life and a fine of Rs. 100/-, in default to further undergo 3 months R.l. Against this judgment of conviction the instant appeal has been resorted to by the appellant.
(2.) The prosecution case is woven like this. Bharat Das, real brother of the appellant (P.W.1) Instituted a written report (Ex.P/1) on June 27, 1998 with the Police Station Asind around 12.15 p.m. with the averments that the accused-appellant took with him his sons Jeevan Das and Kanhaiya Lal (now, deceased) from the house in the evening of yesterday. Thereafter, their dead-bodies were found in the well belonging to them and their death appeared to have been caused by drowning in the well. On this report, proceedings under Section 174, Cr.P.C. were initiated. After enquiry, Parcha (Ex.P/9) was recorded and a case under Section 302, I.P.C. came to be registered bearing F.I.R. No. 152/1998 against the appellant. The appellant was arrested. Statements of witnesses under Section 161, Cr.PC. were recorded. Site-plan was drawn; and, after usual investigation, charge-sheet was filed. Charge under Section 302, I.RC. was framed against the appellant who denied the charge and pleaded trial.
(3.) The prosecution examined 13 witnesses in support of its version. In his statement recorded under Section 313, Cr.RC., the accused-appellant claimed innocence. The learned trial Court on hearing the final submissions, convicted and sentenced the accused-appellant as indicated here in above.;