MOHAMMAD RAFIQ,J. - (1.) This appeal has been filed by accused-appellant Sharwan Kumar against the judgement of his conviction dated 05.08.2013 passed by the Additional Sessions Judge No.1, Kishangarh Bas, District Alwar in Sessions Case No.16/2011. The accused-appellant by the aforesaid judgement has been convicted for offence under section 302 IPC and sentenced to life imprisonment with fine of Rs. 20,000, in default of which, he was to further undergo rigorous imprisonment of one year. He was also convicted for offence under section 458 IPC and sentenced to rigorous imprisonment of seven years with fine of Rs. 20,000 in default of which he was to further undergo rigorous imprisonment of one year. He was also convicted for offence under section 392 IPC and sentenced to rigorous imprisonment of five years with fine of Rs. 20,000, in default of which he was to further undergo rigorous imprisonment of one year. All the sentences were ordered to run concurrently.
(2.) The brief and relevant facts giving rise to the present appeal are that on 18.02.2011, the complaint Chimman Singh lodged a written report against some unknown persons at Police Station, Kotkasim with regard to an incident alleged to have taken place on the same day. It was alleged in the said report by the complaint that on 17.02.2011, he along with his son Devendra and his daughter-in-law had gone out of station and her wife Savitri Devi was alone in his house. On 18.02.2011, one of the villagers namely; Raju informed him on telephone that his wife Savitri Devi has been murdered by someone. On receiving such information, he reached his village and in presence of villagers, he saw that his wife Savitri Devi was lying dead on a cot. He alleged that some unknown person had murdered his wife and committed theft of ornaments lying in the box and almirah.
(3.) On the basis of the above mentioned report, the police registered a criminal case bearing F.I.R. No.31/2011 for alleged offence under Section 450 and 380 I.P.C. and investigation commenced. After completion of investigation, police submitted the charge sheet against the appellant in the Court of learned Additional Chief Judicial Magistrate, Kishangarh Bas, Alwar, who took cognizance of the offences. The offences being exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of learned Additional Sessions Judge No. 1, Kishangarh Bas District Alwar for trial. The learned trial court after hearing the arguments, framed the charges against the accused appellant for offence under Sections 458, 302 and 392 I.P.C. The accused-appellant denied the charges and claimed to be tried. During trial, the prosecution examined as many as 17 witnesses and exhibited 25 documents. The learned trial court examined the accused appellant under Section 313 Cr.P.C., 1973 in which he denied the charges and stated that he has been falsely implicated by the police. The learned trial court after hearing the parties vide impugned Judgment dated 05.08.2013 has convicted the accused appellant for offence under Section 458, 302 and 392 I.P.C. and sentenced him in the manner as stated above.;