G.K.VYAS,J. - (1.) Instant jail appeal has been filed by the accused appellant Babu lal from Central Jail, Udaipur to challenge the judgment dated 10.02.2010 passed by the Additional District and Sessions Judge (FT) Chittorgarh in Sessions Case No. 65/2008 whereby, the accused appellant was convicted for offence under Section 302 IPC and following sentence was passed against him: JUDGEMENT_91_LAWS(RAJ)7_2017_1.html
(2.) As per the brief facts of the case, the complainant Mangi lal Gurjar PW/1 gave submitted a written report Ex.P/1 at Police Station Shambhupura, District Chittorgarh on 15.09.2008 at 10:20 AM in which he stated that today in the morning at 9AM when he was going towards his house from his agricultural field (Bada), at that time he heard hue and cry from the house of his neighbour Ramba Gurjar. He immediately rushed to the house and saw that daughter-in-law of Shri Ramba, Smt. Narayani was lying on floor and blood was oozing from her body and her son Goverdhan was weeping while standing near the body. Goverdhan son of Narayani informed that his father Babu lal Gurjar inflicted injury by axe upon the body of his mother Narayani and due to the serious injury, she died after some time. As per information given by Mangi lal, the appellant Babu lal committed murder of his own wife Narayani by inflicting injuries upon her body by axe. It is apprehended by complainant that some dispute arose between the husband and wife, therefore, the appellant caused injuries upon the body of deceased. It was prayed that action may be taken against him.
(3.) Upon aforesaid complaint Ex.P/1, FIR No. 158/2008 was registered under Section 302 IPC against the appellant. SHO Police station, Shambhupura conducted investigation and filed charge-sheet against the accused appellant under Section 302 IPC in the court of Judicial Magistrate, Chittorgarh.;