- (1.) Heard learned counsel for the parties. This appeal is directed against the judgment of conviction and order of sentence dated 30.6.2003 passed by the Court of learned Additional Sessions Judge (FT), Jodhpur in Sessions Case No.85/2003 by which the learned trial court convicted and sentenced the accused appellant Nand Lal as under :- Conviction Sentence Sec.302 IPC Life Imprisonment & fine of Rs.200/- in default to further undergo one month's RI. Sec.498A IPC 3 years' RI & fine of Rs.100/- in default to further undergo 15 days'RI Brief facts of the case are that on 27.2.2003, complainant Miss Sonu, daughter of the appellant Nand Lal and victim Smt.Renu, who was of the age of 18 years, lodged a written report in Police Station Chopasani Housing Board, Jodhpur stating that her father (appellant) was of quarreling nature and used to quarrel with her mother Smt.Renu (victim). On 27.2.2003, at about 9:15 PM, when the complainant's mother was cooking meal and her younger brother Raju and younger sister Asu were at home, her father came and demanded money from her mother and when her mother refused to give money, her father took a borer (pointed iron rod with wooden handle) and tried to kill the complainant's mother. The victim shouted and ran outside the house and tried to go to the house of neighbour Om Prakash to save herself but the appellant ran after the victim to kill her. The complainant and her brother & sister in order to save their mother, went after their mother. The appellant inflicted injury on the head of the victim at the time when she was just entering into the house of Om Prakash. The victim fell down and became unconscious. Number of neighbours collected there but the appellant ran away. The victim was taken to Mahatama Gandhi Hospital, Jodhpur in the taxi of one Nari Sindhi where the complainant's mother was declared dead.
(2.) On this written report, criminal case No.41/2003 was registered for committing of offence punishable under Section 302 IPC and investigation was conducted. After investigation, challan was filed against the accused appellant where he was charged for offence punishable under Sections 302 and 498A IPC. The appellant denied the charges and sought trial.
(3.) During trial, the prosecution examined as many as fifteen witnesses including PW1 Miss Sonu d/o appellant, PW2 Raju s/o appellant and PW4 Miss Asu d/o appellant who supported the prosecution story. Total 40 documents were exhibited. The statement of accused appellant was recorded under Section 313 Cr.P.C. wherein the accused stated that the evidence is false or he has no knowledge about the fact stated in evidence, then he stated that the character of his wife was bad. He stated that he was given treatment for mental disorder and he was falsely implicated in the case.;