VYAS, J. - (1.) INSTANT jail appeal has been filed by the convict- appellant through the Superintendent, Central Jail, Udaipur to challenge the judgment and order of conviction and sentence dated 13.06.2005 passed by the Addl. Sessions Judge, Nathdwara (District Rajsamand) in Sessions Case No.5/2005, whereby, the learned trial Judge convicted the appellant for committing offences under Sections 302 and 201, I.P.C. and sentenced him to undergo life imprisonment along with fine of Rs.2,000/- and, in default of payment of fine, to further undergo two years' simple imprisonment in respect of offence under Section 302, I.P.C. and awarded sentence of rigorous imprisonment for a term of three years and fine of Rs.1,000/-, in default of payment of fine, to further undergo six months' simple imprisonment.
(2.) AS per facts of the case, a complaint was filed by complainant Shyam Lal at Police Station Khamnaur on 30.11.2004 at about 3.15 P.M., in which, it is stated that on 30.11.2004 at about 1.30 P.M. when he was at his residence one Daula Gameti came and informed him that house of Hukma (appellant herein) is closed and locked from outside but upon opening the lock and door when he entered in the house of Hukma, upon inspection, dead body of Dakhudi, wife of Hukma, was lying there. Upon said information received from Daula, the complainant along with Daula came to the house of Hukma and inspect the body and found several injuries on the face, hands and legs of the deceased. As per the complainant, upon enquiry being made, it was found that in the night Hukma and deceased quarreled and Hukma beat her and due to the injuries sustained upon her body Dakhudi died. Thereafter, Hukma while putting lock upon the house went away. Upon the aforesaid information, the police registered the case and investigation was commenced by the investigating officer of the Police Station Khamnaur. After thorough investigation, the accused-appellant was arrested vide Ex.-P/21 on 01.12.2004. After arrest an information was given by the accused-appellant under Section 27 of the Evidence Act and, in pursuance of those informations, the clothes viz., lehanga and blouse of the deceased stained with blood were recovered by the police vide Ex.- P/8 on 03.12.2004 and weapon "baisa" was recovered as per information of the accused-appellant on 04.12.2004 vide Ex.-P/9, upon which, human blood was found. The police sent all those articles to the FSL for examination, from where, report Ex.-P/25 was received. Post mortem upon the dead body of the deceased was conducted and vide report Ex.-P/10, injuries were found upon the body of the deceased Dakhudi. As per opinion of the Medical Board who conducted the post mortem the deceased died due to excessive haemorrhage from scalp and duration of death was also found within 24 to 36 hours. The post mortem report was given on 01.12.2004.
(3.) AFTER investigation the police filed challan against the accused-appellant in the Court of Judl. Magistrate (First Class), Nathdwara from where the matter was committed to the Court of Addl. Sessions Judge, Nathdwara where the trial took place.;