Gopal Krishan Vyas, J. - (1.) THE instant criminal appeal has been filed by the accused appellant Bharat Lal under Sec. 374(2) of the Cr.P.C. against the judgment dt. 29.09.2006 passed by Addl. Sessions Judge (Fast Track), Banswara in Sessions Case No. 63/2006 by which the learned trial Court convicted the accused appellant for offence under Secs. 302 and 447 of I.P.C. and passed the following sentence : "Under Sec. 302 I.P.C: Life Imprisonment with fine of Rs. 1,000/ - and in default of payment of fine to further under to three months SI. Under Sec. 447 I.P.C.: Fine of Rs. 500/ - and in default of payment of fine to further undergo 15 days' SI." As per facts of the case, the complainant Thavra (PW -1) lodged a report at Police Station Anandpur District Banswara alleging therein that in the intervening night of 5th and 6th May, 2006, his son Shanti Lal and his wife Kanta along with children were sleeping on separate coats in the house. At about 1 -2 a.m., Kanta (PW -2) wife of his son cried and upon hearing her noise, the complainant, his son Kala, Rama and his wife Somali, daughters in law Tej and Kamla immediately rushed to the spot. At that time, after inflicting injury by sword to his son Shanti Lal, the accused appellant Bharat Lal ran away from the place of occurrence and they tried to catch him but accused ran away from the place of occurrence.
(2.) IN the FIR, it was further alleged that in the evening on 4th May, one Lakhma (PW -5) asked Kanta wife of deceased that deceased Shantilal is having illicit relation with the wife of Bharat Lal, therefore, it is stated by appellant - Bharat Lal to Lakhma (PW -5) that he will kill Shanti Lal because he is having illicit relation with his wife. Upon the aforesaid complaint, the SHO, Police Station Anandpuri District Banswara registered the FIR No. 61/2006 (Ex. P/2) under Sec. 302 I.P.C. and commenced investigation.
(3.) IN the investigation, accused Bharat Lal was arrested on 6.5.2006 vide Ex. P/19 at about 10.30 a.m. and after his arrest upon his information under Sec. 27 of the Evidence Act on 08.05.2006, the sword was recovered vide Ex. P.18. The body of deceased was handed over to the family members after post -mortem and thereafter, statement of prosecution witnesses under Sec. 161 Cr.P.C. were recorded. After completion of investigation, challan was filed by the SHO, P.S. Anandpuri in the Court of Civil Judge (Junior Division) cum Judicial Magistrate, Bagidora from where case was committed to the Court of Sessions Judge, Banswara for trial but later on the Sessions Judge, transferred the case to the Court of Addl. District & Sessions Judge (Fast Track), Banswara for trial.;