Shiv Kumar Sharma, J. - (1.) Harbhajan, appellant herein, was put to trial before the learned Additional Sessions Judge (Fast Track) No. 2, Jaipur City, who vide judgment dated August 29, 2002 convicted and sentenced the appellant under Section 302 IPC to suffer imprisonment for life and fine of Rs. 1000.00, in default to further suffer one year rigorous imprisonment.
(2.) It is the prosecution case that on September 23, 2000 informant Om Prakash @ Pappu (PW.4) submitted a written report (Ex. P-4) at Police Station Sodala Jaipur stating therein that on the said day in the afternoon while he was sitting at his Teashop he saw that many persons were going towards his house. On reaching his house his mother told him that his tenant Harbhajan Singh killed his wife Sheela. On that report case under Section 302 IPC was registered and investigation commenced. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2, Jaipur City Jaipur. Charge under Section 302 IPC was framed against the appellant who denied the charge and claimed trial. The prosecution in support of its case examined as many as 16 witnesses. In the explanation under Section 313 Cr. P.C. the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.
(3.) Death of Sheela was undeniably homicidal in nature. As per postmortem report (Ex.P-28) following ante mortem injuries were found on the dead body: - 1]. Incised wound of size 4 X 1 cm Lt. side forehead near hair line obliquely skin deep. 2]. Incised wound of size 4 x cm Lt. side parito occipital region laterally obliquely skin deep. 3]. Incised wound of size 3 x 1 cm x muscle deep Lt. cheek middle part. 4]. Incised wound of size x cm outer margin of Lt. mastrol upper part through and through muscle deep. 5]. Incised wound of size 2 X 1 cm x muscle deep Lt. nosal orface of nostril at base. 6]. Abrasion x 1/4 tip of nose. 7]. Incised wound of size 5 x 1 cm lateral of lower top x muscle deep. 8]. Incised wound of size 3 x 1 cm center of chin obliquely muscle deep. 9]. Incised wound of size 2 x 2 cm x cavity deep Lt. side supra clavicular region obliquely. 10]. Incised wound of size 4 x 1 cm Lt. side of neck. 11]. Incised wound of size 7 X cm x muscle deep oblique Lt. side clavicular region. 12]. Incised wound of size 2 x cm and 1 x 1/4 in gap Lt. side neck. 13]. Incised wound of size 2 x 1/4 cm Lt. side neck upper part. 14]. Incised wound of size 6 x cm x skin deep oblique upper part of neck Lt. side laterally upper part. Dr. H.L. Bairwa (PW.12) who performed autopsy on the dead body opined that the cause of death was haemorrhagic shock brought about as a result of injuries to vital organs.;