Shiv Kumar Sharma, J. - (1.) The appellant was the accused on the file of learned Additional Sessions Judge (Fast Track) Rajsamand bearing Sessions Case No. 69/2001. Learned Judge vide judgment dated October 5, 2001 convicted and sentenced the appellant under Section 306 IPC to suffer rigorous imprisonment for five years and fine of Rs. 5000/-, in default to further suffer simple imprisonment for one year.
(2.) It is the prosecution case that on September 2, 2000 informant Tej Singh Rawat (PW 2) lodged FIR (Ex.P-2) with the Police Station Diver that his grand daughter Jashoda who got married to appellant some twelve years ago, was murdered by the appellant and her dead body was thrown into well. Prior to this report Mohan Singh (DW. 1) instituted oral report on September 1, 2000 with the said Police Station, to the effect that Jashoda, the wife of his brother Vanna Singh, had been drowned in a well. On the basis of said report proceedings under Section 174 Cr.P.C. were initiated, but after registration of FIR (Ex.P-2), the Police Station Diver proceeded to investigate the case under Section 306 IPC. After usual investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Rajsamand. Charge under Section 306 IPC was framed against the appellant who denied the charge and claimed trial. The prosecution in support of its case examined as many as eight witnesses. In the explanation under Section 313 Cr. P.C. the appellant claimed innocence and stated that he along with his wife had gone in Satsang and she came back with the ladies thereafter what transpired he did not know. One witness was examined in defence. The learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.
(3.) I have given my thoughtful consideration to the rival submissions and scanned the record.;