G.K.VYAS,J. - (1.) The instant criminal jail application has been filed by the accused appellant, Bhala Ram, from Central Jail, Bikaner, challenging the validity of judgment dated 23rd November, 2007, passed by learned Additional Sessions Judge (Fast Track) No.2, Hanumangarh Camp Nohar (for brevity, hereinafter referred to as 'trial court') in Session Case No.104/2007, whereby accused appellant was convicted by the trial court for committing offence of murder of his wife, Smt. Tara Devi, under Section 302 of IPC and was sentenced for life imprisonment along with fine of Rs.5000/ -, and in default of payment of fine, to further undergo one month's R.I.
(2.) As per facts of the case, complainant, Bhaniram, filed a written report at 09.15 AM on 27.03.2007 at Police Station - Nohar, District Hanumangarh, in which it was alleged that my elder sister, Tara Devi, was married with the accused, Bhala Ram, 20 years back and out of their wedlock, three children, (two daughters, namely, Sita, Imarti and one son, namely, Rajendra), were born. As per allegation of the complainant, after 7 -8 years of marriage, his brother -in -law, Bhala Ram, started quarrelling with his sister and for this reason, Tara Devi used to live in his parents' house. According to complainant, before ten days of the incident, his sister Tara Devi came at home and informed that conduct of her husband is not good, he is regularly quarrelling but after giving consolation, I sent her back to her matrimonial house. Yesterday, i.e. on 26.03 at about 07.00 PM, I received information that husband of my sister Bhala Ram (accused appellant) inflicted inflicting injury by an axe upon her neck and killed her. Upon receiving aforesaid information, the complaniant immediately went to the house of his sister, Tara Devi along with Sahabram at village Bhagrana, situated in the agricultural field, where under the tree of "Khejri" the dead body of his sister was lying. Complainant further stated in the FIR that whole incident was reported to him by Sita, elder daughter of his sister. Upon the aforesaid written complaint (Ex.P/1), the S.H.O. of Police Station - Nohar, registered F.I.R. No.135/2007 (Ex.P/2) for the offence under Section 302 of IPC and after investigation, the police filed charge sheet against the accused appellant in the court of Addl. Chief Judicial Magistrate, Nohar, under Section 302 IPC, from where the case was committed to the Court of Addl. Sessions Judge, Nohar, but transferred to the court of learned Addl. Sessions Judge (FT) No.2, Hanumangarh, Camp Nohar for trial.
(3.) In the trial, charges under Section 302 IPC was framed and read over to the accused appellant, but he denied the charges, and claimed trial. In support of prosecution case, statements of 8 prosecution witnesses were recorded and 21 documents were exhibited in the trial. After recording evidence of prosecution, the statement of accused appellant under Section 313 Cr.P.C. were recorded by the trial court, in which the appellant denied all the allegations levelled by the prosecution witnesses, however, did not produce any evidence in defence. The learned trial court after evaluating the evidence available on record led by the parties the trial court convicted the accused appellant vide judgment dated 23.11.2007 and passed sentence of life imprisonment along with fine of Rs.5,000/ - for committing offence under Section 302 of IPC, which is impugned in this jail appeal by the accused appellant.;