- (1.) BY judgment impugned dated 30.5.2013 learned Additional Sessions Judge, Dungarpur recorded conviction of accused Naina @ Nainiya for the offences punishable under Sections 302 and 201 Indian Penal Code and awarded sentence as under: - - "u/S.302 IPC - Life term imprisonment with a fine of Rs. 5000/ - and in default of payment of fine further to undergo one year's additional rigorous imprisonment. u/S.201 IPC - Three years rigorous imprisonment with a fine of Rs. 1000/ - and in default of payment of fine further to undergo one month's additional rigorous imprisonment."
(2.) SUCCINCTLY , facts of the case are that a first information report at the instance of Shri Dhania was lodged at Police Station Aspur in the morning at about 08:00 AM on 13.10.2011. On basis of the first information report aforesaid a case was lodged against the accused appellant for the offences punishable under Sections 302 and 201 Indian Penal Code. As per the facts stated in the first information report at about eight years earlier Smt. Bachi, sister of informant Dhania, entered into a wedlock with accused Naina. The accused was in habit of ill -treating his wife and he used to beat Smt. Bachi mercilessly. On 13.10.2011 Shri Dhania received a telephonic information from Shri Ganga, brother of accused Naina @ Nainiya about some ill -happening at the residence of accused. Informant was advised to reach at the place of incidence as soon as possible. On arriving at the residence of accused, Shri Dhania found dead body of his sister hanging on a wooden beam. The body was having several visible injuries. On basis of the information aforesaid investigating agency initiated the investigation and during the course of that prepared an inquest, site plan and send the body for postmortem. On the same day accused Naina @ Nainiya was arrested and at his instance a piece of wood having blood stains was recovered. The investigating agency also seized the shirt of the accused having blood stains, which he was wearing at the time of his arrest. The piece of wood and the shirt of the accused were sent for their serological examination to the Forensic Science Laboratory, Udaipur. As per the report given by the Forensic Science Laboratory the blood stains available on the piece of wood as well as the shirt were having human blood of group 'A'. After completing the investigation a police report as per Section 173 Code of Criminal Procedure was filed before the court of learned Judicial Magistrate, Aspur who committed the case to the court of Sessions being sessions triable. The Sessions court framed a charge against the accused for commission of the offences punishable under Sections 302 and 201 Indian Penal Code. On denial of the same trial commenced as desired.
(3.) THE prosecution supported its case with the aid of 17 witnesses including Dr. Kamlesh Kumar Gupta (PW -13), Dr. Sandeep Agrawal (PW -4), Shri Hanuwant Singh (PW -12), the Investigating Officer, and Shri Nand Kishore Verma (PW -11), Deputy Inspector of Police, Police Station Sagwara. The prosecution also got 26 documents exhibited. An opportunity was given to the accused as per Section 313 Code of Criminal Procedure to explain the adverse and incriminating circumstances against him available in prosecution evidence. The accused accepted the fact of his marriage with deceased Smt. Bachi and her death on 13.10.2011, but pleaded ignorance about other evidence adduced by the prosecution. In defence statements of Shri Chhogia (DW -1) and Bheema (DW -2) were recorded. A document Ex. D/1 i.e. certified copy of 'Malkhana Register' was also exhibited.;