- (1.) The instant criminal appeal has been filed by the appellant under Section 374 (2) of Cr.P.C. against the judgment dated 04th December 2006, passed by Additional Sessions Judge (Fast Track) No.1, Bhilwara, (for brevity, hereinafter referred to as 'trial court') in Session Case No.44/2006 whereby the accused appellant was convicted for the offence under Sections 302 of IPC and sentenced for life imprisonment with a fine of Rs.2,000/- with the default stipulation to further undergo two months additional imprisonment.
(2.) As per brief facts of the case, complainant, Preetam Singh Punjabi, resident of Chandra Shekhar Azad Nagar, Bhilwara, lodged an FIR (Ex.P/16) at Kotwali Bhilwara Camp M.G. Hospital, alleging therein that his elder brother, Raju @ Golden, the deceased, and his wife are residing in Bhopalpura area in a rented house. Today, on 02.03.2006, his cousin brother, Gurudev came and informed that Raju had committed suicide. Upon enquiry from his wife, Kavita (appellant herein) it is informed by her that in the last night Raju came while consuming liquor and straightway gone in his room and today in the morning at 06.15, I saw in the room that he (Raju) committed suicide while putting her "Saree upon the neck.
(3.) Upon receipt of aforesaid information given by the complainant, brother of deceased, the Inquest Report No.12/2006 was registered under Section 174 Cr.P.C. at Police Station- Kotwali, Bhilwara.;