MATHUR, J. - (1.) BY judgment dated 11.12.2003 learned Additional Sessions Judge (Fast Track), Nagaur convicted appellant Sukhram son of Narainram for the offences punishable under Sections 302 and 201 Indian Penal Code and awarded sentence as under:- u/S.302 IPC ­ Life imprisonment with fine of Rs.20,000.00 and in default of payment of fine to further undergo one month's simple imprisonment. u/S.201 IPC ­ Seven years' rigorous imprisonment with fine of Rs.20,000.00 and in default of payment of fine to further undergo one month's simple imprisonment. To question the conviction recorded and sentence awarded, this appeal is preferred.
(2.) IN brief facts of the case, as unfolded by the prosecution, are that on 3.6.2003 at about 09:30 AM one Shri Prakash submitted a written report at Police Station Kuchera with assertion that his sister Smt. Godawari, aged 45 years, entered into a wedlock with Sukhram about 25-26 years earlier and the couple was having three daughters and a son. Sukhram and Godawari were living at their hamlet with daughter Anudi and son Garibram. Sukhram was in habit of beating Godawari and on several occasions relatives interfered to get the things calm down. About four months earlier Sukhram gave severe beating to Smt. Godawari, thus, she came to her parental house at Khajwana and stayed there. Subsequent thereto Shri Seetaram, brother-in-law of Sukhram and his wife Tiju Devi came to Khajwana and assured Godawari and her other maternal relatives for extending congenial and non-violent attitude towards her. Relying upon the assurance so given, Godawari was sent to her in- laws family at Dhayariakala. Despite the assurance given Sukhram continued with ill-behaviour with Smt. Godawari. On 2003 Pappuram and Madan informed that Godawari has been killed by her husband and thrown in a well. At that time Seetaram was also at the hamlet. 3. On basis of the information aforesaid a case was lodged and investigation commenced. After completing the investigation a police report as per provisions of Section 173 Cr.P.C. was filed and after hearing counsel for the accused a charge for commission of offences punishable under Sections 302 and 201 Indian Penal Code was framed, on denial of the same, trial commenced as desired.
(3.) DURING the course of trial the prosecution supported its case with the aid of 25 witnesses (PW-1 to PW-25) and the documents Ex.P/1 to Ex.P/30. An opportunity was extended to the accused to explain the adverse circumstances available in the prosecution evidence and while availing the same he termed the entire evidence false. In defence, testimony of DW-1 Seetaram, DW-2 Tiju Devi and DW-3 Nolaram was examined and certain documents were exhibited.;