SATYA PRAKASH PATHAK, J. - (1.) THIS appeal under Section 374(2), Cr.P.C. has been directed against the judgment of conviction and order of sentence dated 27.2.2004 passed by learned Additional Sessions Judge, Sojat camp Jaitaran in Sessions Case No. 35/2003 State v. Loomb Singh, whereby the accused -appellant has been convicted and sentenced under Section 304 Part I, I.P.C. and sentenced to rigorous imprisonment for five years with fine of Rs. 1,000, in default of payment thereof to further undergo rigorous imprisonment for one month.
(2.) THE brief facts of the case are that on 18.5.1999 at 9.15 a.m., P.W. 1 Prem Singh submitted a written report at Police Station, Sendra, inter alia, stating therein that his elder sister Kamla was married with Loomb Singh 14 -15 years ago and was having four living children and on 16.5.1999 in day at about 4 o'clock, Dharm Singh informed him that his brother -in -law after beating his sister on previous night had run away somewhere and as his sister was in an unconscious state he was sent to inform him about that. Whereupon, it is said that the complainant went at the house of his sister and found his sister lying on a cot but unable to speak as she had received many grievious injuries on her face. He, after arranging the conveyance, along with Dharam Singh and Pukhraj, took his sister to the hospital at Bheem and from there taken her to the hospital at Beawar and got her treated. The doctor there called the police looking to the seriousness of the patient. In the morning, the doctor told him to take her to Jaipur but due to paucity of funds, at that time he took his sister to her house and stated the whole thing to her father -in -law, who asked him to bring money and thereafter he went home but as his father was not at home and the mother was ill, he stayed at home. He stated that at Bheem the police had visited the hospital and as he was not knowing the exact place of police station the report could not be made earlier. The scribe of the report prayed for taking action. On the aforesaid report, inquiries were made by the SHO of the Police Station and finding a case under Sections 307 and 323, I.P.C, registered it at number 79 and started investigation. Kamla, during treatment at Government Amritkaur Hospital, Beawar, died on 18.5.1999 at 10.40 a.m., as such offence under Section 302, I.P.C. was also added. During investigation, site plan and site inspection memo Ex. P/2 was prepared. Memo in respect of condition of the dead body of Kamla Ex. P/3 was prepared. The post -mortem of the dead body of Kamla was conducted by Medical Jurist P.W. 8 Dr. Bhanwarlal Phanan, who after post -mortem examination, prepared report Ex. P/8. Panchnama Ex. P/9 and memo in respect of delivery of dead body to her father -in -law Kheemsingh for cremation Ex. P/4 were prepared. Accused Loombsingh was arrested on 19.5.1999 and during custody he voluntarily gave information to the effect that the brick which was used in inflicting injuries was kept concealed in the 'Aala' (shallow recess in a wall) of his house and he could get it recovered from there. That information was recorded in Memo Ex. B/13 and as per the information furnished, the accused produced the brick in the presence of witnesses P.W. 3 Chiman Singh and P.W. 4 Poonam Singh, which after taking into possession was sealed and the packet was marked 'A'. Memo in respect of place of recovery Ex. P/6 was also prepared. Report in respect of medical examination of deceased Kamla Ex. P/7 was obtained and the statements of the witnesses were recorded and after completion of other formalities, challan against accused Loombsingh under Section 302, I.P.C. was filed in the Court of Judicial Magistrate, Bar on 15.6.1999 from where on committal ultimately came for trial before the learned Additional Sessions Judge, Sojat camp at Jaitaran.
(3.) AFTER hearing the parties on charge, the learned Additional Sessions Judge, framed charge under Section 302, I.P.C. against the accused and same was read over and explained to him. Accused denied the charge and claimed trial.;