Ahluwalia, J. - (1.) The present appeal preferred by Murti @ Murta Devi, is directed against the impugned judgment dated 24.7.2008 rendered by the Additional Sessions Judge (Fast Track) No.1, Tonk. The trial court vide the impugned judgment held the appellant guilty of offence under Section 302 IPC and vide a separate order of even date sentenced the appellant to undergo life imprisonment and to pay a fine of Rs. 3,000/-, in default of payment of fine to further undergo one year R.I.
(2.) The case of the prosecution is that the appellant, on the night of 2.6.2007 between 10:00 to 10:30 PM, in village Kumhariya in her father-in-law's house committed murder of her husband Ram Prasad with whom she had retired to bed in the Bada in the house. The conviction of the appellant rests upon the following circumstances: i) Extra judicial confession made by the accused to Mathura Lal (P.W.14), Shyo Kishan (P.W.15) and her mother-in-law Smt. Dev (P.W.16). ii) Recovery of axe (Article 1) vide recovery memo Exhibit-P/13 by the appellant in pursuance of her disclosure statement (Exhibit-P/52). iii) Presumption under Section 106 of Indian Evidence Act. iv) Recovery of blood stained clothes of the accused.
(3.) In the present case, the criminal proceedings were set into motion on presentation of written report (Exhibit-D/1) by Chainsukh (P.W.4) father-in-law of the appellant. The written report (Exhibit-D/1) was presented by Chainsukh (P.W.4) before the Investigating Officer Bhanwar Singh (P.W.21), who was then posted as SHO, Police Station Sonp, Tonk. The written report (Exhibit-D/1) when translated into English reads as under:- To Station House Officer, Police Station Sonp, District Tonk. Sub: Regarding lodging of the First Information Report. Sir, With regard to above noted subject, it is submitted that I am resident of village Kumhariya. I have three sons. Ram Prasad is eldest. 10-12 years ago, he was married with Murta Bai daughter of Badri Lal Gurjar, resident of village Sahipura. From the last 4-5 years, my daughter-in-law Murta Bai was coming and going out of from her in-laws house. On 2.6.2007, in the evening my son Ram Prasad at about 9:00 PM came to the house. He retired to his bed along with my daughter-in-law Murta Bai. Our remaining family members were sleeping inside Guwadi and outside the house. In night at about 11:00 PM, Murta Bai raised noise from the Bada and came to the courtyard and informed my wife Dev that your son has been killed. My wife Dev cried and went inside the Bada. After hearing cries and wailing, I along with my daughters namely Prasann, Roshan and son Nadaan went inside the Bada. My son Ram Prasad was lying on the cot smeared with blood. He was having injuries on his neck and hands. Lot of blood had oozed. Number of persons from the village arrived. Murta Bai disclosed that suddenly somebody came and after causing injuries with axe to Ram Prasad ran away from the spot and she had not seen the face of the assailant, she had seen some body running away from the spot. Information to this effect was given at Police Station Sonp through mobile.;