- (1.) This jail appeal was filed by accused-appellant Ratan Lal against the judgment dated 4.3.2006 by Addl. Sessions Judge No.2, Chittorgarh in Sessions Case No. 45/2005 titled as State vs. Ratan Lal. By the impugned judgment accused-appellant Ratan Lal was convicted and sentenced under Section 302 of Indian Penal Code by life imprisonment with a fine of Rs.2000/- and, in default of payment of fine, he was ordered to undergo one year's additional imprisonment. He was also convicted under Section 201 of Indian Penal Code by the impugned judgment and he was sentenced to five year's rigorous imprisonment with a fine of Rs.5000/- and, in default of payment of fine, three months' additional imprisonment was ordered against him by the trial court. Both the sentences were ordered to run concurrently as per judgment of the trial court. Accused appellant is in jail since the date of his arrest, i.e., 20.6.2005.
(2.) Mr. K.R. Bishnoi was appointed Amicus Curiae to represent the case of the appellant but in the course of time he did not take interest in prosecuting this appeal and then the accused-appellant hired the services of Shri K.R. Bhati, Advocate and so this appeal has finally been argued by Mr. K.R. Bhati on behalf of the accused-appellant.
(3.) We have heard the arguments of the learned counsel for the accused-appellant as well as the learned Public Prosecutor for the State and perused the record of the case. Our appreciation of evidence is as under:- Report Ex.P.22 was lodged by Bhanwar Lal on 9.6.2005 at Police Station, Bhainsroadgarh, District Chittorgarh, on the basis of which proceeding of inquest was started and then FIR No. 51/2005 under sections 302 and 201 of Indian Penal Code was formally registered and charge-sheet was filed under Sections 302 and 201 of Indian Penal Code against accused-appellant Ratan Lal. In FIR Ex.P.22 it was mentioned by Bhanwar Lal that on that day when he went to fetch a pail of water from a well then he found therein dead body of a lady. He narrated the fact to Kishan Lal and then people of village and police persons gathered on the spot and then report Ex.P.22 was submitted to the police at the spot itself. An oral report of Bheru Lal Ex.P.12 was also recorded by the police on 19.6.2005 at 10.30 a.m. and in this report, uncle of Smt. Gheesi Bai w/o Ratan Lal had expressed his apprehension about murder of Smt. Gheesi Bai by her husband Ratan Lal because both were not having harmonious relations since some time. A quarrel had also taken place in the previous night between the two and thenafter Smt. Gheesi Bai and Ratan Lal both were missing from their residence.;