Kanwaljit Singh Ahluwalia, J. - (1.) THE present appellant, namely Kamal, along with his mother, Smt. Omwati was tried by the Court of Additional Sessions Judge (Fast Track) No. 1, Alwar for causing murder of his father, namely Mularam on 17th of January, 2007 in his residential house in Village Bamboli, Police Station, M.I.A., Alwar.
(2.) THE trial Judge held that the dead -body was recovered from the house of the appellant from an iron -box within twenty -four hours of the murder and it was incumbent for the accused to explain the death of Mularam, being resident of the house. Having not furnished any explanation by the accused in their statement under Section 313 of Code of Criminal Procedure, 1973, they have not discharged presumption raised under Section 106 of the Indian Evidence Act and, thus, has committed offence punishable under Section 302 and 201 of Indian Penal Code. Having convicted the appellant for the above said offences, the trial Judge, vide a separate order of even date, sentenced him as under: - - "For offence under Section 302 I.P.C. the appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 5000/ -. In default of payment of fine to further undergo three years additional simple imprisonment. For offence under Section 201 I.P.C. the appellant was sentenced to undergo three -years simple imprisonment and to pay a fine of Rs. 1000/ -. In default of payment of fine to further undergo three months additional simple imprisonment. All the sentences were ordered to run concurrently."
(3.) AGGRIEVED against the conviction and sentence, the present convict/appellant, Kamal has sent instant jail appeal through Superintendent, Central Jail, Bharatpur, praying inter alia that the conviction and sentence, be set aside, and he be acquitted of the charges leveled against him.;