- (1.) By the judgment impugned dated 19.5.2004 learned Additional Sessions Judge (Fast Track) No.1, Banswara convicted and sentenced the accused appellant as under:- u/S.450 IPC : Ten years rigorous imprisonment with a fine of Rs.1000/- and in default of payment of fine further to undergo rigorous imprisonment for one month. u/S.302 IPC : Life imprisonment with a fine of Rs.5000/- and in default of payment of fine further to undergo rigorous imprisonment for two months.
(2.) The facts necessary to be noticed are that Smt. Sasula (PW-1) reported in writing at police station Sadar, Banswara on 13.6.2003 at 04:00 AM that in the night of 12.6.2003 after having dinner, she was sleeping at her house with her kids and husband. The house being under construction was not having doors as such was open. At about 01:00 AM she awoke on hearing scream of her husband and found Mohanlal (accused appellant) passing through the bed of her husband with open sword. On making alarm accused fled from the spot throwing the sword there. Hearing the alarm Kanti (PW- 15), Sohanlal (PW-5) and Harteng (PW-10) also arrived at the place of occurrence. Her husband was having serious sword injury across the naval and the back. On basis of the information aforesaid a case was registered, investigation was made and a police report as per the provisions of Section 173 Cr.P.C. was filed before the competent court. The case then was committed to the court of Sessions and charges were framed against the accused appellant for commission of the offences punishable under Sections 450 and 302 Indian Penal Code. On denial of the same, regular trial was conducted. The prosecution supported its case by producing 20 persons in witness box and several documents. PW-1 Sasula was cited as an eye witness and the witnesses PW-10 Harteng, PW-15 Kanti and PW-5 Sohanlal were produced to corroborate the statements given by the eye witness.
(3.) PW-17 Dr. Ravi Upadhyay conducted autopsy upon the person of deceased and submitted postmortem report Ex.P/14, thus, he satisfied the medical evidence.;