- (1.) THIS appeal is preferred to question correctness of the judgment dated 21.8.2004 whereby learned Additional Sessions Judge (Fast Track), Churu recorded conviction of accused appellant Kanaram for the offences punishable under Sections 302, 307 and 309 Indian Penal Code and awarded sentence as under : - u/S.302 IPC Life imprisonment with a fine of Rs.1000/ - and in default of payment of fine to further undergo six months simple imprisonment. u/S.307 IPC Five years rigorous imprisonment with a fine of Rs.500/ - and in default of payment of fine to further undergo three months simple imprisonment. u/S.309 IPC One year's simple imprisonment with a fine of Rs.200/ - and in default of payment of fine to further undergo one month's simple imprisonment.
(2.) IN brief, facts of the case are that on 13.5.2004 at about 09:15 PM Shri Chetram Jat submitted a written report (Ex.P/1) at police station Sardarsahar with assertion that he, with his family, is residing at his hamlet adjacent to the hamlet of his nephew Kanaram. At about 08:00 PM of the same day on arriving at his hamlet, he found several persons there. Dead body of Smt. Mana wife of Kanaram was lying there close to the well. She was having a head injury. It was informed to him by his wife, sister -in -law and daughter about killing of wife Mana by her husband Kanaram by causing an injury by axe. Kanaram also made effort to put down his mother Smt. Chanda in well. After snatching his son Ramkaran from the lap of Guddi, Kanaram threw him in the well and he himself also jumped into the same. The throwing of Ramkaran caused his death.
(3.) ON basis of the information aforesaid a case was lodged for the offences punishable under Section 302 and 309 Indian Penal Code. After regular investigation a charge sheet was filed before the competent court with the charges of committing offences punishable under Sections 302, 307 and 309 Indian Penal Code by accused Kanaram. The trial court after hearing accused, framed charges against him for causing offences punishable under Sections 302, 307 and 309 Indian Penal Code. On denial of the same trial commenced as desired by the accused. The prosecution supported its case with the aid of 12 witnesses and by exhibiting several documents. Out of 12 witnesses produced by the prosecution three witnesses viz. Smt. Chanda Devi (PW -2), Smt. Geeta (PW -3) and Ms. Guddi (PW -4) were cited as eye witnesses. Dr. Banwarilal (PW -10) adduced medical evidence and Shri Jaipal Vishnoi (PW -12) narrated all the steps taken during the course of investigation being Investigating Officer.;