- (1.) By the judgment impugned dated 15.9.2010, learned Additional Sessions Judge, Anupgarh convicted the accused appellant for the offences punishable under Sections 302 and 341 Indian Penal Code and sentenced as under:- u/S.302 IPC Imprisonment for Life alongwith fine of Rs.1000/- and in default of payment of fine further to undergo three months rigorous imprisonment. u/S.341 IPC One month's simple imprisonment. The factual matrix necessary to be noticed for adjudication of present appeal is that a statement of Smt. Sona (deceased) was recorded by Shri Narendra Singh, Sub Inspector of Police, Police Station Anupgarh at PBM Hospital, Bikaner on 8.8.2007, wherein she stated that she married to Nand Ram (accused) nearly about 4 years back and she had no problem with her husband. On 4.8.2007 about 10:00 AM Nand Ram came for lunch. At that time Deva Ram, her uncle-in-law came and on his demand she gave him ghee and vegetables. Nand Ram did not like that, thus, advised her not to accede the demands of uncle.
(2.) Sona then stated that she could not refuse to give such things and, if Nand Ram is having any objection then he may tell accordingly to his uncle. Being annoyed with it, Nand Ram gave two panchs to Sona, one below her neck and another on her back, consequent to which she fell down with pain. On receiving information about the pain suffered by Sona, her parents came and took Sona to their village. At first instance she was examined by a private doctor in village and then next day by some other doctor at a private hospital at Ghadsana, a nearby town. Sona then was referred for further treatment to PBM Hospital, Bikaner.
(3.) On basis of the statements aforesaid (Ex.P/9), a first information report was lodged and investigation was initiated for the offences punishable under Sections 323 and 341 Indian Penal Code. During the course of treatment and investigation Sona died on 10.8.2007, thus, investigation was also made for the offence punishable under Section 302 Indian Penal Code. Suffice to note that the statement Ex.P/9 was recorded by the police being called by the Hospital authorities.;