- (1.) By the judgment impugned 21.8.2008 learned Additional Sessions Judge, Sirohi convicted the accused appellant for the offences punishable under Sections 302 and 449 Indian Penal Code and awarded sentence as under:- u/S.302 IPC Life Imprisonment with a fine of Rs.5000/-. Further to undergo one year's rigorous imprisonment in the event of default in payment of fine. u/S.449 IPC Ten years' rigorous imprisonment with a fine of Rs.3,000/-. Further to undergo six months rigorous imprisonment in the event of default in payment of fine.
(2.) The factual matrix necessary for adjudication of this appeal is that on 1.4.2008 a written report (Ex.P/1) was submitted to the Station House Officer, Police Station Kalandri by complainant Shri Oparam (PW-1) stating therein that in the morning of the same day at about 09:30 AM his real nephew Krishna son of Jagtaji came to him and after having certain usual domestic deliberations entered in the house of his another nephew Laxman. After some time he heard scream of the wife of Laxman. Son of Laxman aged about 1 1/2 -2 years also came out with severe bleeding. On entering into the room he saw that Krishna was giving indiscriminately stab injuries to Smt. Popat wife of Laxman. Krishna then ran away from the place of occurrence.
(3.) On basis of the information, a case was lodged and investigation commenced. The accused was arrested immediately thereafter and on basis of a disclosure made by him a blood stained knife was recovered. Autopsy on the body of deceased Popat was made by a board of three doctors presided by Dr. Nihal Singh Meena (PW-7). As per the postmortem report (Ex.P/23) the person of Smt. Popat was having following 13 injuries:- 1. Stab wound of size - 3.5 cm length and 1.5 cm width, present left side of thorox. It is present just adjacent to the left border of stornun in the 5 th intercostal space, it is 7 cm away from left nipple medially. It is elliptical in shape, the margins at the wound are sharply cut, probe introduced upto 15 cm depth in thoracic cavity. 2.Incised wound 2 cm x 1.5 cm x muscle deep on right lateral wall of thorox level at right nipple, it is obliquely placed and directed downward anteriorly. 3.Incised wound 4 cm x 2 cm x muscle deep on left side of abdomen. It is present just above and outward to umbilicus, it is 3 cm away from mid line. It is elliptical in shape and direction is downward and inward. 4.Incised wound 3 cm x 1.5 cm x muscle deep present on left side of abdomen in mid axillary line. It is 4 cm below lower rib margin, elliptical in shape and vertically placed. 5.Incised wound 3 cm x 1.5 cm x muscle deep on left side of abdomen in anterior axillary line. It is adjacent to lower rib and vertically placed. 6.Incised wound 3 cm x 1.5 cm x muscle deep on left side back in the post axillary line situated just below lower rib and vertically placed. 7.Incised wound 7 cm x 2 cm x muscle deep on inner side of right elbow and upper 1/3 of right forearm . It is directed downward medially, elliptical in shape. 8.Incised wound 10 cm x 4 cm x muscle deep present on middle 1/3 of right thigh, anteriorly and transversely placed. 9.Incised wound 11 cm x 2 cm x muscle deep on lower 1/3 of right thigh anteriorly. Just above knee joint and transversely placed. 10.Incised wound 3 cm x 1 cm x muscle deep posterior aspect of lower 1/3 right forearm. 11.Incised wound 5 cm x 0.5 cm x 0.2 cm posterior aspect of right wrist and transversely placed. All injuries from 1 to 11 are antemortem injury. 12.Abrasion (pm) 2 cm x 2 cm exterior aspect of lower 1/2 of left forearm. 13.Abrasion (pm) 9 cm x 6 cm on posterior aspect of lower 1/3 of right leg.;