- (1.) Appellant Bhuriya @ Bhura Lal by way of instant appeal under Section 374 of the Code of Criminal Procedure, 1973 has challenged the impugned judgment dt.27.9.2006 by which the learned Additional District & Sessions Judge (Fast Track) Baran in Sessions Case No.35/2006 has convicted the accused-appellant in the following manner: u/S.302 IPC Imprisonment for life and fine of Rs.2,000/-, in default of payment of fine, further undergo one year simple imprisonment. u/S.323 IPC 6 months R.I. U/S.447 IPC 3 months R.I.
(2.) Brief facts giving rise to this appeal are that complainant Chanda Lal (PW1) lodged a written report dt.22.3.2016 at 5.00 p.m., at PS Kelwada, District Baran alleging that at about 4.30 p.m. when he was sitting along with his wife Panchi Bai in the Chowk in front of his house, his nephew (daughter's son) Bhuriya S/o Chhitar came and asked him to tell who had managed to run away his wife and when he uttered of having no knowledge about the whereabouts of his wife, Bhuriya who was having Kulhadi (axe) with him, inflicted 2-3 blows on the body of his wife Panchi Bai and injured him also and thereafter Bhuriya ran away and by the time he could save his wife, she died at the spot. On his written report Ex.P1, chalked out FIR Ex.P2 19/2006 for the offence u/S.302, 323, 448 IPC.
(3.) During the course of investigation, the accused was arrested on 22.3.2006 and after completing the investigation, the police filed challan against the accused appellant u/S.302, 323, 447 IPC and charges were framed for the offence u/s.302, 323, 447 IPC.;