- (1.) This appeal has been preferred on behalf of accused appellant Suwa to challenge the judgment dated 31.10.1991 passed by the learned Additional District and Sessions Judge, Beawar, whereby he recorded conviction against the accused for the offence punishable under Section 304 IPC and awarded sentence of 10 years' rigorous imprisonment with a fine of Rs.1000/-. Additional sentence for six months rigorous imprisonment was awarded in default of payment of fine.
(2.) Heard learned counsel appearing for the accused- appellant and also learned Public Prosecutor.
(3.) Briefly stated, the facts of the case are that an FIR Ex.- P/1 was filed by the complainant Subhan on 24.4.1991 stating therein that his younger brother Suwa inflicted injury on the head of his wife Sayari at about 9:00 a.m. This information was given by his daughter Aamna, aged 10 years. At that time, he had gone to the mines. On receiving the information, he came back home and found that his wife was lying unconscious. She was taken to the hospital in Beawar by a bullock cart where she was declared dead. FIR was lodged on this written report. After conducting required investigation, charge-sheet was filed against accused Suwa for the offence punishable under Section 302 IPC. Charge was framed against the accused by the learned trial court for the aforesaid offence, to which he denied and claimed trial.;