MOHAMMAD RAFIQ,J. - (1.) This appeal is directed against the judgement dated 9.5.2013 passed by the Additional Sessions Judge No. 2, Behror, District Alwar in Sessions Case No. 29/2010, whereby the accused-appellant has been convicted for offence under section 302 IPC and sentenced to life imprisonment with fine of Rs. 10,000 and in default of payment of fine, he was to further undergo imprisonment of six months.
(2.) Brief facts of the case are that on 06.01.2010, complainant Naresh Kumar submitted a written complaint (Ex.P.1) in Police Station Mandhan, District Alwar with the averment that his sister Sunita was married to accused Yogesh S/o Gajraj Singh Yadav, Resident of Mandhan, District Alwar in the month of May, 2003. Yogesh used to demand dowry and after drinking liquor, he used to beat her sister. They requested him several times not to do so, but he did not mend his ways. His sister persisted in the habit of beating. He even threatened to kill her. His sister also made complaint to him several times that he would kill him one day. One day before her death on 05.01.2010, his sister was beaten by Yogesh. His sister was bearing pregnancy of advance stage and she called him on phone. He immediately along with his cousin went to her house in Village Mandhan on 05.01.2010, however, he did not find Yogesh there. He wanted to bring Sunita with him but Sonu, sister of Yogesh, requested him not to take Sunita otherwise Yogesh would beat her (Sonu) and she would be left alone in the house as mother and father of Yogesh has already expired. Due to insistence of Sonu, he left Sunita there. On 06.01.2010, Yogesh after drinking liquor had beaten his sister, who was pregnant and after giving her some poisonous substance, killed her and absconded from the house. Sonu, sister of Yogesh, after reaching home from school at 1.00 PM called him that Sunita was in critical condition and was not feeling well. After that, son of Yogesh's aunt (Mausi) called him that they were taking Sunita to Hospital at Rewari and he should also reach there. When he started from his house, son of his Mausi told him on the way at Ateli that Sunita has breathed her last. Thereafter, when he reached at Mandhan, he found Sunita lying dead and Yogesh had absconded.
(3.) On the aforesaid complaint, a regular first information report bearing No. 5/2010 was registered at the Police Station Mandhan District Alwar under Sections 498-A and 304-B of IPC and investigation started. During investigation, police arrested accused-appellant on 13.01.2010. After investigation, police filed charge sheet under Sections 498-A and 304-B of IPC before learned court below. Thereafter, the case was committed to the learned Additional Sessions Judge, Behror, from where case was sent for trial to learned Additional Session Judge No. 2 Behror. The learned trial court framed the charges under Sections 498-A, 304-B of IPC and in the alternate, under section 302 of IPC, against the accused. Accused denied the charges and claimed to be tried. The prosecution in support of its evidence produced 25 witnesses and 22 documents. Defence did not produce any witness and exhibited 9 documents. After recording evidence of the prosecution, accused appellant was examined under section 313 of Cr.P.C., 1973 and he pleaded innocence stating that false case has been registered against him by the family member of his in-laws and his sister Sonu.;