GOVIND MATHUR, J. - (1.) BY the judgment impugned dated 3.7.2008 learned Additional Sessions Judge (Fast Track) No.3, Udaipur, Camp Salumbar, convicted the accused appellant for an offence punishable under Section 302 Indian Penal Code and sentenced to undergo life term imprisonment with a fine of Rs.5000/- and further to undergo three months simple imprisonment in the event of default in payment of fine.
(2.) BRIEFLY stated, facts of the case as unfolded in the judgment impugned are that Shri Tej Singh son of Nathu Singh (PW-2) submitted a written report at police station Pahada District Udaipur with assertion that on 24.9.2007 at about 09:00 AM his mother Smt. Heer Kunwar (PW-3) and wife Smt. Balwant Kunwar (PW-1) were at home. At that time his younger brother Fateh Singh entered into some hot altercations with his wife Balwant Kunwar and tried to catch hold of her from hairs and throat. His father Shri Nathu Singh then intervened, to whom a washing baton blow was given by Fateh Singh, consequently he fell down. He was taken to local hospital wherefrom he was referred to Ahmedabad Hospital. On 27.9.2007 Shri Nathu Singh died. On basis of the information so given, a case was lodged and investigation commenced for an offence punishable under Section 302 Indian Penal Code. After completion of investigation a police report was filed and a charge for commission of an offence punishable under Section 302 Indian Penal Code was framed. On denial of the same by the accused, trial commenced as desired.
(3.) THE prosecution supported its case with the aid of 16 witnesses, out of whom PW-1 Smt. Balwant Kunwar and PW-3 Smt. Heer Kunwar were cited as eye witnesses. PW-12 Dr. Prateek adduced medical evidence and PW-8 Shri Harendra Singh, being Investigating Officer, narrated all details relating to the steps taken during the course of investigation. The prosecution also supported its case by getting several documents exhibited. An opportunity was accorded to the accused appellant to explain the adverse circumstances available in the prosecution evidence and while availing that he pleaded his innocence. He termed the entire evidence false.;