R.S. Chauhan, J. - (1.) THE present appeal has been received through jail. The Court of Additional Sessions Judge (Fast Track), No. 3, Ajmer, Camp Kishangarh vide impugned judgment dated 30th April, 2005 had held the appellant guilty of offence under Section 302 IPC, and by a separate order of even date, sentenced the appellant as under : - "For offence under Section 302 IPC : to undergo life imprisonment, and to pay a fine of Rs. 2000/ -, and in default thereof, to further undergo two month's simple imprisonment."
(2.) THE Court had further held that appellant shall pay Rs. 25,000/ - as compensation to legal heirs of deceased Shanti Devi. Criminal proceedings in the present case were set into motion on the basis of written report (Ex. P/1) lodged by Hari Ram (P.W.1), before Sub -Inspector, Suraj Narayan (P.W.13), then posted as SHO, Bandar Sindri, Ajmer. The written report (Ex. P/1) when translated into English reads as under: - - "To Station House Officer,Police Station, Bandar Sindri,Ajmer. Sir, It is submitted that I Hariram S/o. Bodhu Mali am resident of Bandar Sindri. I am engaged in agriculture work. Shanti Devi w/o Om Prakash was selling melon, oranges and vegetables to earn livelihood for her family. Today on 29th May, 2004 at about 5.30 A.M., she left the house to ease herself. After some time, we heard her shrieks. I woke up, and ran towards the place from where the noise was coming, and saw that opposite the house of Ram Singh S/o. Dashrath Singh Rajput on the way behind Deviji Ka Mandir, the dead body of Shanti Devi is lying. By carrying head of the Shanti Devi in one hand, and a kulhari in the other hand, Sukhdeo son of Shyoji Gurjar was seen running away from the spot. Many people have also gathered there. Hariram, Ramkaran, Badi, Jagdish and Tejpal etc. had seen the accused going from the spot. After throwing the head of the deceased, at some distance, the accused decamped from the spot. Sukhdeo due to sour relations used to keep grudge against Shanti Devi; and due to this grudge, when Shanti Devi was coming after easing herself, the accused after giving kulhari blow beheaded her. Therefore, it is requested that legal action be taken against Sukhdeo. Signed Hariram. Dated 29th May, 2004."
(3.) THE above said FIR was investigated; report of investigation under Section 173 Cr.P.C. was submitted against the appellant. The report of investigation, alongwith the accused was committed to the Court of Sessions; the trial was entrusted to the Additional Sessions Judge (Fast Track), No. 3, Ajmer Camp Kishangarh.;