- (1.) THIS appeal has been filed by the accused -appellant challenging the judgment dated 9.10.2006 passed by the court of Additional Sessions Judge (Fast Track) No.1 Jaipur District, Jaipur in Sessions Case No. 20/2006 whereby, the accused -appellant has been convicted and sentenced as under: - For offence u/S.302 IPC: - Life Imprisonment with a fine of Rs.5,000/ - and in default of payment thereof, to further undergo one year R.I.
(2.) THE short facts of the case are that PW/4 Smt. Shila Sain gave statement (Ex.P/7) on 7.11.2005 at 12.10 A.M. which was recorded by PW/10 Shivji Lal, in -charge ASI, Police Station Sanganer, Jaipur. As per Ex. P/7 Shila Sain stated that she is resident of Chitrakoot Colony Plot No. 14/315 where she is residing from last 15 years with her husband. At about 11 -11.30 P.M. on the day of occurrence, 7 -8 boys came to her plot. They entered in their room and started giving them beating. Her husband suffered injuries. She and her father Badri Prasad tried to save him but they took her husband to the lane towards Jain Temple. The further contention of the witness is that they also followed her husband and saw that Sanjay pierced knife in the abdomen of his husband 4 -5 times. The further contention of the witness is that due to dispute over the plot the incident occurred. On this statement, formal FIR No. 898/2005 was registered. Husband of Shila Sain, Om Prakash died and after usual investigation, charge sheet was filed against the appellant for the offence under Section 147, 148, 323, 302 and 460 IPC. The case was committed to the court of sessions and entrusted for trial to Additional Sessions Judge (Fast Track) No.1 Jaipur District.
(3.) AFTER committal of the case, the trial court framed the charges against the accused -appellant for offence u/S 147, 148, 323, 302 and 460 IPC which were read over to the accused but the accused denied the charges and claimed to be tried. To support the case, the prosecution produced PW/1 Mukeshkumar, PW/2 Rambhihari, PW/3 Jeetu, PW/4 Shiladevi, PW/5 Krishnakumar, PW/6 Ramkishore, PW/7 Naresh, PW/8 Jagdishprasad, PW/9 Manoharlal, PW/10 Shivjilal, PW/11 Badriprasad, PW/12 Dr. Kedarprasad, PW/13 Dr. Rajesh Kumar and PW/14 K.K. Avasthi and exhibited documents Ex.P/1 to P/18. The accused -appellant was examined u/S.313 Cr.P.C. He denied the allegation and in defence DW/1 Dr. Ashok Mathur, DW/2 Dwarkaprasad, DW/3 Ramjilal and DW/4 Harish Sharma were produced and documents Ex.D/1 to D/9 have been produced by accused -appellant.;