SANGEET LODHA,J. - (1.) This appeal is directed against judgment and order dated 13.8.10 passed by learned Additional Session Judge, Fast Track No.3, Udaipur in Session Case No.16/09, whereby the accused appellant Arjun Lal has been convicted for offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs. 5,000/-; in default of payment of fine to further undergo one year's rigorous imprisonment.
(2.) Briefly stated, the case of prosecution is that on 23.1.09 around 4 P.M. Arjunlal s/o Manilal, resident of Godi Gogan Fala, accompanied by his wife Savita Meena, his brother-in-law Laxman s/o Soma Meena (PW 11) and Laxman's (PW 11) wife Smt. Shanta (PW 9), came to the house of Laxman s/o Meghaji (PW 1). Around 9 P.M. in the evening after taking meal Arjun and his wife Savita slept in a separate room. Smt. Shanta (PW 9) and Smt. Sangeeta (PW 2), the wives of Laxman (PW 11) and Laxman (PW 1) respectively slept in yet another room nearby. Laxman (PW 1) and Laxman (PW 11) slept outside the room in verandah. At 4 O'clock in the morning a sound of falling down and screaming with smash came from Arjunlal's room. On this Laxman (PW 1), Laxman (PW 11) and their wives woke up. Laxman (PW 1) and his wife asked Arjun as to what's the matter. Thereupon, Arjun opened the door and they saw that there were serious injuries on Savita's right side ranging from cheek to ear. She was lying on the floor and blood was oozing out. A blood stained sword was lying nearby. Arjun said work has been accomplished. Thereafter, Laxman (PW 1) informed Hajaram (PW 3) about the incident who in his turn informed Kalyan Singh, Head Constable (PW 12) at Parshad Chowki. Head Constable Kalyan Singh (PW 12) and Constable Babulal (PW 6) reached the spot. Arjun was there only, he was arrested. He was caught and information was given to the concerned police station that Arjun has caused death of his wife by inflicting blow of sword.
(3.) On the basis of the written report (Ex.P/1) narrating the incident occurred as aforesaid submitted by Laxman (PW 1), the police registered an FIR against the accused appellant Arjunlal for offence under Section 302 IPC and the investigation commenced.;