- (1.) This appeal came up for orders on an application preferred by accused applicant seeking suspension of sentence, however, looking to the narrow amplitude of the controversy involved, we considered it appropriate to hear the appeal itself for final disposal.
(2.) The appeal is preferred to question correctness of the judgment dated 10.11.2004 convicting the accused appellant for an offence punishable under Section 302 Indian Penal Code and sentencing him for life term imprisonment with a fine of Rs.1000/- and further to undergo two months simple imprisonment in the event of default in payment of fine.
(3.) The factual matrix of the case in brief is that an information given by Shri Bhanwar Singh (PW- 9) to Shri Kishan Singh (PW-15), Station House Officer, Police Station Jhadole on 19.6.2004 at 01:00 AM at Maharana Bhupal General Hospital, Udaipur was reduced in writing and on basis of that a criminal case was registered against the accused appellant for commission of an offence punishable under Section 302 Indian Penal Code. As per the information aforesaid on 18.6.2004 Bhanwar Singh (PW-9), his wife Smt. Meera (PW-7), brother Bhagwat Singh (PW-8) and brother's wife Smt. Bhanwari Bai alongwith their parents Roop Singh (accused father) and Smt. Gendi Bai (deceased mother) went to their agricultural fields for sowing maize. The sowing was done with the aid of tractor as their ox was quite weak. At about 05:00 PM Bhanwar Singh, Bhagwat Singh, Meera and Bhanwari Bai returned to their home and their parents were to return little later. On being not returning of the parents upto 07:30 PM all the abovenamed persons again went to the fields where they heard scream of Smt. Gendi, to whom Roop Singh was beating with handle of axe. On seeing his children, Roop Singh left the place. Injured Gendi Bai was taken to the hospital at Udaipur where she died during the course of treatment. An autopsy on the person of deceased Smt. Gendi was made by Dr. Anis Ahmad (PW-10). As per the postmortem report (Ex.P/8) the person of deceased Gendi was having following injuries:- 1.Lacerated wound 1 x 1 cm bone deep up right arm laterally. 2.Multiple bruises 5 x 2 cm to 15 x 8 cm on whole body lateral blue. 3.Incised wound 6 x 2 cm muscle deep 2/3 left thigh under bone elbow. 4.Abrasion 3 x 2 cm on right leg.;