- (1.) The instant criminal jail appeal has been filed by the life-convict, Hema, against the judgment dated 09th of December, 2010 passed by learned Addl. Sessions Judge (Fast Track) No.1, Udaipur, in Session Case No.101/2008, by which the learned trial court convicted the appellant for the offence under Sections 302 and 201 of IPC and passed following sentence against him: 302 of IPC: Life Imprisonment and a fine of Rs.1000/-, in default of payment of fine, to further undergo one month's additional simple imprisonment. 201 of IPC: Five Years' Rigorous Imprisonment and a fine of Rs.1000/- in default of payment of fine, to further undergo one month's additional simple imprisonment.
(2.) Succinctly stated, the facts of the case are that complainant, Narayan (PW.3), resident of Modi, gave verbal information to police on 23.03.2008 to the effect that his niece, namely, Durga was married ("Nata" marriage) 3 years back with Hema S/o Jawana Rawat resident of Dagli Ghati. Hema and Durga both were residing in Durga's house. Hema was habitual drinker and after consuming liquor he (accused appellant) used to assault his niece. About four months back, his niece, namely, Durga was subject to cruelty and on account of cruelty being meted to her, she came to him while crying without having "Saree". Thereafter on 22.03.2008, accused appellant Hema, after consuming liquor, assaulted Durga and murdered her. The information with regard to death of his niece, Durga was received by him in the morning, and dead body of Durga was found hanged in the room. Durga was subjected to cruelty by accused Hema and a suspicion was raised that Hema might have killed his niece, Durga.
(3.) On receipt of this report, FIR No.29/2008 was registered at Police Station Kheroda, District Udaipur, for the offence under Sections 302 and 201 of IPC.;