- (1.) THIS appeal has been preferred by accused -appellant Guman Singh challenging the impugned -judgment dated 16/09/2005 passed by learned Additional Sessions Judge (Fast Track) Jhalawar in Sessions Case No.61/2005 whereby, the accused -appellant has been convicted for offence u/Ss.452 & 302 IPC and has been sentenced, as under: - for offence u/S.452 IPC: - Rigorous Imprisonment for five years and pay a fine of Rs.2,000/ - and in default thereof, to further undergo two months simple imprisonment. for offence u/S.302 IPC: - Life Imprisonment and pay a fine of Rs.5,000/ - and in default thereof, to further undergo three months simple imprisonment.
(2.) THE case of the prosecution is that Smt.Dhapu Bai (PW19) lodged the oral report (Ex.P15) to Fateh Singh (PW26), who was Sub Inspector at Police Station Bhawani Mandi. Dhapu Bai (PW19) mother of the deceased stated that her daughter Santosh Bai was married to the appellant ten years back. She came to her house eight days prior to the incident as the appellant used to give beating to her. At about 1.00 p.m. when she was outside the house collecting the cow -dung and Santosh Bai, Bhuri Bai and Kali Bai were inside the house, appellant Guman Singh came there. He took one big stone from outside of the house. He entered into the house and inflicted stone blow on the head of Santosh Bai. Santosh Bai received grievous injury on her head. She became unconscious, Guman Singh ran away from there. Persons from village came there. They tried but could not catch Guman Singh. Injured -Santosh Bai was shifted to the hospital. Dhapu Bai further stated that appellant used to torture her daughter. On this oral report (Ex.P15), FIR No.31/2005 (Ex.P16) was lodged at Police Station Bhawani Mandi, District Jhalawar for offence u/Ss.452, 307, 498A and 323 IPC. Santosh Bai died in the hospital hence, the offence u/S.302 IPC was added. After usual investigation, police filed charge -sheet against appellant for offence u/Ss.498A, 449 and 302 IPC in the court of Magistrate. The accused was put to trial, which was entrusted to the Additional Sessions Judge (Fast Track) Jhalawar.
(3.) AFTER committal, charges were framed against the accused -appellant for offence u/Ss.498A, 452 and 302 IPC, which he denied and claimed trial. To support the case, the prosecution produced 26 witnesses and exhibited 17 documents. The accused -appellant was examined u/S.313 Cr.P.C. and from the side of the defence, Ram Kishan was examined as DW1.;