BANWARI LAL SHARMA, GOVIND MATHUR, JJ. - (1.) THIS appeal is directed against the judgment and order dated 6.3.2009 passed by learned Additional Sessions Judge (Fast Track) No.1, Jodhpur. Learned trial court by the judgment impugned recorded conviction of the accused appellants for the offences punishable under Section 302/34 Indian Penal Code and sentenced them to undergo life term imprisonment with a fine of Rs.10,000/ - and further to undergo six months simple imprisonment in the event of default in payment of fine.
(2.) IN brief, facts of the case are that on 19.10.2007 at 03:00 PM Shri Ishwar Singh (PW -4) submitted a written report (Ex.P/5) to the Station House Officer of Police Station Dangiawas, at Mahatma Gandhi Hospital, Jodhpur with assertion that his younger brother Narendra Singh solemnised marriage with Mrs. Man Kanwar daughter of Kishore Singh about six months earlier. Since marriage Man Kanwar used to remain in quarrel with Narendra Singh for one or other reason. On 18.10.2007, Narendra Singh came to Jodhpur and conveyed telephonically to the informant that his in -laws will send his wife with him. At about 11:00 PM in the night of 18.10.2007 Smt. Lad Kanwar, mother -in -law of Narendra Singh, informed at Lototi (native village of Narendra Singh) that Narendra Singh has died, his body be taken. From Lototi other brother of Narendra Singh conveyed the informant telephonically about the message received. The informant immediately went to the house of accused with Jitendra Singh and Bhagwan Singh. The dead body of Narendra Singh was lying on a floor in a room at the residence of accused. On observation of the body, it appeared that Narendra Singh was killed by strangulation after tiding his hands. It was also reported that about 15 days earlier Kishore Singh, father -in -law of Narendra Singh, Vikram Singh, Smt. Lad Kanwar, mother -in -law of Narendra Singh and Mrs. Man Kanwar threatened for killing of Narendra Singh, who was having some doubt about illicit relations of Man Kanwar with some other person. On basis of the information received, a case was registered and investigation commenced.
(3.) DURING the course of investigation, an inquest was made, the dead body of deceased Narendra Singh was subjected to an autopsy and its report was obtained. A stole hanging with a hook of ceiling was recovered from the spot of occurrence. The accused persons were arrested and on basis of the information given by them a plastic drum and an iron stool were recovered.;