MATHUR, J. - (1.) THIS appeal is directed against the judgment dated 19.10.2006 passed by learned Additional Sessions Judge (Fast Track) No.1, Jodhpur recording conviction of the accused appellant for the offences punishable under Sections 302 and 201 Indian Penal Code and awarding sentence as under: - u/S.302 IPC ­ Life term imprisonment with fine of Rs.5000/ - and in default of payment of fine further to undergo two years imprisonment. u/S.201 IPC ­ Three years rigorous imprisonment with a fine of Rs.500/ - and in default of payment of fine further to undergo three months imprisonment.
(2.) IN brief, facts of the case are that on 29.4.2006 a written report (Ex.P/1) was submitted by Shri Suresh (PW -1) at police station Mathania with assertion that one Ramu @ Ramavtar was living in a rented premises at the house of Dalaram in village Tinwari. A woman and a child of ten months were also residing with him. In morning of 29.4.2006 dead body of the woman, who was residing with Ramu @ Ramavtar was found along the wall of a water stream near Khatriyon Ki Bagechi. An apprehension was also disclosed about killing of the woman by Ramu @ Ramavtar in the rented room and then throwing the dead body at the distance of about 150 meters. The drops of blood were also seen from the room to the place where the dead body was found. On basis of this information a case was lodged and after completing the investigation a police report was filed before the court competent. The case being sessions triable was committed to the court of Sessions, that framed a charge for commission of offences punishable under Sections 302 and 201 Indian Penal Code against the accused appellant. On denial of the charge by the accused trial commenced as desired.
(3.) THE prosecution supported its case with the aid of 18 witnesses and by getting 26 documents (Ex.P/1 to Ex.P/26) exhibited. The accused while availing opportunity as per Section 313 Code of Criminal Procedure to explain adverse and incriminating circumstances against him in prosecution evidence stated that he was staying in the house for a period of three days with his wife and daughter who were subsequently sent to Jodhpur. The accused pleaded that he was falsely implicated in the criminal case. No evidence in defence was adduced by the accused.;