- (1.) THE learned Sessions Judge, Sri Ganganagar by the judgment and order impugned dated 16.9.2005 recorded conviction of accused appellant for the offences punishable under Sections 302 and 307 I.P.C. and awarded sentence as under : - 302 I.P.C. Life term imprisonment with a fine of Rs.200/ -, further to undergo 15 days simple imprisonment in the event of default of payment of fine. 307 I.P.C. Ten years' rigorous imprisonment with a fine of Rs.100/ -, further to undergo 07 days simple imprisonment in the event of default of payment of fine. Both the sentences were directed to run concurrently.
(2.) THE facts of the case as unfolded in the judgment impugned are that a statement made by Smt. Mahendra Devi (PW -1) on 24.7.2004 at Government Hospital, Sri Ganganagar was reduced in writing and on basis of that an FIR (Exh.P/1) was lodged at Police Station, Chunavad. As per the facts stated, Mahendra Devi, a married daughter of accused Krishan Lal came to her parental house from the day she came, the accused left his own house and was residing with his brother Ved Prakash. In the morning of 24.7.2004, when Smt. Mahendra was washing clothes in bathroom, her father came and gave a 'kassi' blow on her shoulder and arms. Hearing the screams made by Mahendra, her mother Guddo came and asked the reason for beating the girl. Other family members Kalu Ram, Ram Pratap and Sultan were also present there. The accused Krishan Lal then left his daughter and ran behind Smt. Guddo. He gave 'kassi' blows to her, consequently she died. During the course of investigation the accused was arrested and at his instance a blood stained 'kassi' was recovered. Autopsy was also conducted on the corpus of deceased Smt. Guddo Devi and as per report of that, she had four incised wounds on her vital parts. The cause of death given was excessive bleeding due to serious injuries and fractures occurred in head and skull. The injuries suffered by Mahendra too were examined and she was having nine incised wounds, out of those, injury no.3 was a grievous one. She also remained hospitalized and looking to her serious condition, her dying declaration was also recorded by the competent Magistrate and that is available on record as Exh.D/1. A charge -sheet after completion of investigation was filed before the competent court and that committed the same to the court of sessions. The Sessions Court after hearing accused and learned Public Prosecutor, framed charge against the accused appellant for commission of offence punishable under Sections 302 and 307 I.P.C. On denial of the same, trial commenced as desired.
(3.) THE prosecution supported its case with the aid of 16 witnesses, out of whom PW -1 Mahendra Devi, PW -2 Sarbati Devi, PW -3 Ram Pratap and PW -4 Ved Prakash were cited as eye -witnesses. Dr. Darshan Singh (PW -10) adduced medical evidence and PW -16 Dinesh Kumar narrated all the steps taken during the course of investigation, being Investigating Officer. The prosecution also got 15 documents exhibited to substantiate the charge. An opportunity was accorded to the accused to explain adverse and incriminating circumstances appearing against him in prosecution evidence. While availing this opportunity, accused while denying his involvement in the crime in -question tried to explain that his daughter Mahendra was having pre -martial relations with Ram Pratap Godara. She was maintaining this relation even after her marriage. He tried to restrain her but deceased Guddo and his son Balram were not supporting him. On the fateful day he saw Mahendra sitting with Ram Pratap. On being annoyed, he gave 'kassi' blow to Mahendra. Ram Pratap fled from the place, but in the meantime Guddo came there. She tried to save Ram Pratap as well as Mahendra. During this quarrel, Guddo received injury from 'kassi' and she died. He also stated that his inlaws implicated him in a false case. In defence two documents, those are, the so -called dying declaration made by Mahendra and statement of Balram given under Section 161 Cr. P.C., were exhibited. The trial court after examining the entire evidence available on record, recorded conviction of the accused and sentenced him accordingly.;