KANWALJIT SINGH AHLUWALIA, J. - (1.) INSTANT appeal, under Section 374 of Code of Criminal Procedure, 1973, has been preferred by appellant viz., Man Singh s/o. Ram Lal to assail the judgment dated 06.09.2005 passed by the Court of Additional Sessions Judge, (Fast Track) Bandikui, Camp Mahwa, District Dausa, whereby the appellant was held guilty for commission of offence punishable under Section 302 of Indian Penal Code for causing murder of Suka son of Revti (complainant). Vide a separate order of even date, the appellant was sentenced to undergo life imprisonment and to pay a fine of Rs.500/ - and in default thereof to further undergo one month's simple imprisonment.
(2.) IN the present case, criminal proceedings were set into motion on the basis of written -report (Exhibit -P/1) submitted by the complainant -Revti (PW -1).
(3.) IN the written -report, the complainant Revti (PW -1) stated that he is a neighbour of the appellant. On 20.10.2003 at around 03:00 P.M., the present appellant was giving beating to his wife, Dholi. In order to save herself, the wife of appellant came to the house of complainant. At that time, Prem wife of complainant and his son, Suka were also present in their house. Accused came armed with kulhari following his wife and came to the house of the Complainant. Revti (PW -1) and his son, Suka (deceased) restrained the appellant from giving beating to his wife. At that time, the appellant gave Kulhari blow on the chest of Suka, son of complainant, due to which he become unconscious. Complainant carried his son to the Hospital, Khairla. When they reached at the hospital, son had already died. Complainant by submitting report sought legal action. It is to be noted here that the occurrence, in the present case, had taken place on 20.10.2003 at around 03:00 P.M., whereas written -report was submitted on 20.10.2003 at 04:15 P.M. by Station House Officer, Police Station, Salempur (Dausa).;