- (1.) IN the instant case, appellant, Ranglal, has been convicted for commission of offence punishable under Section 302 of Indian Penal Code for committing murder of his daughter -in -law, namely Smt. Suman, as well as, for commission of offence punishable under Section 307 of Indian Penal Code for committing murderous assaults upon his son, namely Dinesh Kumar @ Mahesh Kumar (PW -1), vide impugned judgment dated 22.07.2006, rendered by the Court of Additional Sessions Judge, Rajgarh, District Alwar.
(2.) HAVING convicted the appellant for the above said offences, the trial Judge, vide a separate order of even date, sentenced appellant as under : - "For offence under Section 302 I.P.C. : to undergo life imprisonment and to pay a fine of Rs.5000/ -. In default of payment of fine, to further undergo two years simple imprisonment. "For offence under Section 307 I.P.C. : to undergo five years rigorous imprisonment and to pay a fine of Rs.1000/ -. In default of payment of fine, to further undergo one year simple imprisonment."
(3.) AGGRIEVED against the judgment of conviction and order of sentence pronounced by the trial Court, appellant, Ranglal has instituted the present appeal under Section 374 of the Code of Criminal Proceduure, 1973. In the present case, the criminal proceedings were initiated on the basis of written -report (Exhibit -P/2), submitted by Jagan (PW -2), the father of deceased Smt. Suman, before Amarchand (PW -21), who was then posted as Station House Officer, Police Station, Rajgarh. Amarchand appeared in the trial Court as PW -21. He stated that on 06.12.2005 he was posted as Station House Officer, Police Station, Rajgarh. On that day at about 08:15 P.M., he received a telephonic call from Kaluram Meena that in the Village Dalalpura, present appellant had murdered his daughter -in -law, and had also injured his son (husband of Smt.Suman). This witness, being Station House Officer, along with the Police Party proceeded to the spot. Mahesh @ Dinesh, the husband of deceased, was found standing there, and inside the house, the dead -body of a lady was lying and the blood was oozing out of the head. Mahesh @ Dinesh had also suffered injury on his neck. Mahesh @ Dinesh told that deceased is his wife. At that time, Tehsildar also reached at the spot. No Villagers came forward. They brought injured Mahesh @ Dinesh to the hospital for treatment. The relatives of deceased, Suman were informed. They also reached at the spot. The photographer was called. In the night, the dead -body of deceased Suman was transported to Rajgarh hospital along with her relatives. In the written -report (Exhibit -P/2), complainant, Jagan (PW -2) stated that on 06.12.2005 at 07:30 P.M. he received a telephonic call from Kalu Meena s/o Ramkishan Meena that his daughter and son -in -law have been caused injuries by her father -in -law Ranglal, and Johri Lal, Gangaram, Santara, Yoshoda and Mukesh etc. He further informed that his daughter due to injuries caused with axe (kulhari) has died. His son -in -law is in injured condition. On receipt of information, complainant reached at the spot at about 10:30 P.M., and at the spot the dead -body of his daughter was lying. Meanwhile, Tehsildar and Station House Officer, Rajgarh also reached at the spot. They carried Inquest proceedings and also sent the dead -body to the hospital, Rajgarh for the Post Mortem. This witness further stated that Radheyshyam Meena, Ranglal, Amarchand Balai, Khyaliram, Mangilal, Natholi Balai and Nasib Khan etc. had seen the dead -body. His son -law, Mahesh @ Dinesh was already got admitted by the Police in the hospital. Dr. Mohan Lal (PW -16) stated that on 07.12.2005, being Member of the Medical Board, along with Dr. G.P. Meena and Dr. R.C. Meena, he had conducted autopsy on the dead -body of Smt. Suman wife of Mahesh @ Dinesh.;