Kanwaljit Singh Ahluwalia, J. - (1.) Kumar Singh son of Ramjilal has preferred the present appeal through Jail to assail the impugned judgment dated 26.5.2008 whereby he was held guilty of committing murder of his wife Shakuntala with knife on the intervening night of 21.6.2007 and 22.6.2007 at about 2.30 A.M. at his residence situated at Village Sikandara, P.S. Bayana, District Bharatpur. Appellant has also prayed that the order of even date whereby he was sentenced to undergo life imprisonment under Sec. 302 IPC and to pay a fine of Rs. 2000/ -, in default thereof to undergo six months simple imprisonment, be also set aside.
(2.) Draupadi (P.W. 4) and deceased Shakuntala being sisters were married with two brothers namely Heti Ram and the present appellant Kumar Singh respectively. On 22.6.2007, Prahlad Singh (P.W. 11) presented the written report (Ex. P.10) before the SHO, P.S. Bayana. The said report (Ex. P.10) when translated into English reads as under: - "To, The SHO, P.S. Bayana. Sub.: Lodging of the FIR. Sir, It is submitted that today on 22.6.2007 I was in my village Aruva. At about 6.00 AM my sister Drop whose matrimonial home is also at Sikandara, by way of telephone informed on my mobile that in the night younger sister Shakuntala who was present in the matrimonial home has been murdered by her husband Kumar Singh by chopping of her neck. The dead body is lying in the Chhappar of the house. Kumar Singh after causing murder has decamped from the spot. Upon receipt of information, I alongwith my father Shri Cheti Ram, Tau (elder brother of father) Ganeshi, brother Jitendra and Mehendra etc. reached Sikandara. We went to the house and saw that the dead body of my sister was lying in the Chhappar of the house. Her neck has been sliced. Elder sister Drop informed that since yesterday evening Kumar Singh was quarreling and giving beating to his wife and due to fear, I had slept in nearby house. Her husband had also gone to Alwar. At 2.30 AM in night, she heard cries of Shakuntala. But due to fear, she had not gone there. In the morning she went there and had found the dead body of Shakuntala. Therefore, it is submitted that my sister has been murdered by her husband. Therefore, this information is furnished to you and hence, legal action be taken. Sd/ - Prahlad Singh S/o. Shri Cheti Ram, Caste Jatav, r/o. Aruva, Tehsil Kathoomar, Dist. Alwar 22/6/07"
(3.) On the basis of above written report (Ex. P.10), formal FIR (Ex. P.11) bearing FIR No. 315/2007 was registered at P.S. Bayana, District Bharatpur.;