V.S. Kokje, J. - (1.) The appellant has been convicted on a charge under Section 302 IPC for causing the death of his father-in-law and sentenced to life imprisonment with Rs. 100 as fine. He has also been convicted under Section 324 IPC for causing injuries to his mother-in-law Smt. Mogi and his wife Bhuri and was sentenced to 3 months simple imprisonment with a fine of Rs. 100.
(2.) On 30.1.1989, a report was lodged at 4 p.m. at the police station by one Haliya S/o Nathu stating that at about 3-4 a.m. on that day he heard shouts from the house of his brother Bada on which he and his son and some persons from the village reached the spot and saw that the accused Rama had assaulted his father-in-law Bada with an axe and when the mother-in-law of the accused Moti and the wife of the accused Bhuri tried to intervene, they were also assaulted and injured. Bada was taken to the hospital along with injured Smt. Mogi and Smt. Bhuri. On this report, crime under Sections 452, 307, 324 and 323 IPC was registered. After investigation, prosecution was launched and the appellant was convicted and sentenced as aforesaid.
(3.) The learned counsel for the appellant submitted that the FIR was lodged belatedly and there was no explanation for the 12 hrs. lapse of time between the incident and the lodging of the FIR. He further submitted that the statements of Smt. Mogi and Smt. Bhuri, the injured witnesses were so contradictory as to become unreliable. He further submitted that there was no motive for the accused to have assaulted and killed his father-in-law as they were on good terms even according to the prosecution witnesses. It was also contended that in any event the case would not fall under Section 302 IPC but, at best, could fall under Section 304 Part II of the IPC. The learned Public Prosecutor supported the conviction and the sentence.;