SANGEET LODHA,J. - (1.) This appeal is directed against judgment dated 20.08.08 passed by the Additional Session Judge, Bali, District Pali, in Session Case No.17/06, whereby the accused appellant Fatia alias Fatta Ram has been convicted for offences under Sections 302 , 392 and 460 IPC and sentenced as under : U/s. 302 IPC Life imprisonment and to pay a fine of Rs.3,000/-; in default of payment of fine to further undergo three months rigorous imprisonment. U/s. 460 IPC Ten years rigorous imprisonment and to pay a fine of Rs.3,000/-; in default of payment of fine to further undergo three months simple imprisonment. U/s. 392 IPC Ten years rigorous imprisonment and to pay a fine of Rs.3,000/-; in default of payment of fine to further undergo three months rigorous imprisonment. All the sentences were ordered to run concurrently.
(2.) The prosecution story unfolded during the trial may be summarized thus : Smt. Harupi w/o Daulaji, aged 80 years, used to live alone in her house situated at Village Pratapgarh Jhupa, Sadari. Her sons Chuna, Rawat, Giga, Chaina and Kumpa live in Calcutta being engaged in job there. Smt. Harupi was last seen on 25.01.06 by Fatma w/o Ayub Khan (PW 13). On 27.01.06, on her house being found locked, her nephew Hakma Ram (PW 3) searched but she could not be traced out. At about 10-11 AM on same day, Puna Ram s/o Chamnaji and Ratan s/o Bhikalal came and break open the door and on going inside saw that the neck of his aunt (Smt. Harupi) had been cut by sharp edged weapon and after killing, her silver ornaments i.e. Kadla and Mathh which she used to wear in legs and hand respectively, were stolen. Fatia, who was neighbour of Smt. Harupi, who had brought one lady 2-3 days back, was found missing since 26.01.06 around 4 PM.
(3.) Hakma Ram (PW 3) while narrating the incident occurred as aforesaid, submitted a written report (Ex.P/7) to SHO, Police Station, Sadari, who in his turn, on the basis of the said report, registered an FIR for offence under Section 460 IPC and investigation commenced.;