- (1.) INSTANT jail appeal has been preferred by convict/ appellant, Shyam, through Superintendent, Central Jail, Kota, in order to challenge the judgment of conviction and order of sentence dated 14.08.2008 rendered by the Additional Sessions Judge (Fast Track) No.1, Kota, whereby appellant was convicted for commission of offence punishable under Section 302 of Indian Penal Code, and was sentenced, vide a separate order of even date, to undergo life imprisonment and to pay a fine of Rs.100/ -. In default of payment of fine to further undergo three months additional rigorous imprisonment.
(2.) THE trial Court, however, acquitted the appellant for offence punishable under Section 498 -A of Indian Penal Code.
(3.) PROSECUTION case, in nut -shell is as follows : - In the present case, Madhu Sharma was married with Shyam, the present appellant way back on 23.04.2000. She was murdered on the intervening night of 3rd& 4th of August, 2006 in her matrimonial home in a room where in the night, she had retired to the bed, along with her husband and child. The present appeal was filed through jail. During pendency of the present appeal, Dr. Mahesh Sharma, Advocate was engaged on behalf of appellant to argue the present appeal.;