GOPAL KRISHAN VYAS,J. - (1.) The instant criminal appeal under Section 374 (2) Cr.P.C. has been filed by the appellant against the judgment dated 11th of April, 2007 passed by Additional Sessions Judge (Fast Track) Balotra, HQ - Barmer, Camp Balotra, in Session Case No.26/2006 (11/2006) whereby the appellant was convicted for the offence under Section 302 of IPC and sentenced for life imprisonment with a fine of Rs.5,000/ - with default stipulation to undergo six months' rigorous imprisonment.
(2.) Succinctly stated, the facts of the case are that complainant, Smt. Sayri Devi, lodged a written report (Exhibit -P/6) at Police Station - Samdari, alleging therein that her son, namely, Indraram died sixteen years back leaving behind him a daughter, namely, Leela Devi and son, Mangilal. Leela Devi was married with the appellant, Chautha Ram, 8 years back and he is residing with them as " " in village Silor. In the FIR, it is stated that when wife of accused appellant Leela Devi was pregnant, she was assaulted by him for no reason. On 07.03.2006 at about 08 -09.00 PM, Chautha Ram and Leela Devi asked the complainant Sayri Devi that they are taking their son to hospital for treatment at Samdari. At about 11.15 AM there five years old son Sawai came to the complainant and started weeping and informed that his father, Chautha Ram (appellant) committed murder of his mother near Mamaji - Ka -Than giving beatings to her. Upon aforesaid complaint, FIR (Exhibit -P/28) was registered at Police Station - Samdari and after registration of the FIR, the investigating officer went on the spot and commenced investigation. After inspection of the site, site plan was prepared and details of the site were recorded vide Exhibit -P/3. The condition of dead body of deceased, Smt. Leela Devi, was also recorded vide Exhibit -P/5, thereafter accused appellant was arrested on 07.03.2006 at 08.00 Pm and his clothes (blood stained pant) was seized and taken in possession vide Exhibit -P/2 in the presence of two witnesses namely, FC No.138, Girdharilal and HC -83 Sawai Singh. Photographs Ex.P/7 tp Ex.P/18 of the dead body were also taken. After arrest, upon information furnished by the accused appellant vide Exhibit -P/19 one blood stained scissor was recovered in the presence of two witnesses, namely, Teja Ram and Nakka Ram, resident of Village Sirlor. The dead body of Smt. Leela Devi, was brought to the hospital for postmortem and postmortem report (Ex.P/26) was obtained from the hospital and body of deceased Leela Devi was handed over to the family for cremation.
(3.) The investigation of the FIR culminated into submission of a charge sheet against the appellant for the offence under Section 302 of IPC in the Court of learned Judicial Magistrate, Siwana, from where the case was committed to the Court of Sessions Judge, Balotra, which ultimately came to be transferred to the court of Additional Sessions Judge (FT) Balotra, District: Barmer for trial. In support of its case, prosecution examined 13 witnesses and got exhibited 33 documents. After recording evidence of proseuction statement of accused appellant were recorded under Section 313 Cr.P.C., however, no defence evidence was led by the appellant.;