DINESH MEHTA,J. - (1.) The present Appeal has been sent by the appellant - convict - Rupa from Central Jail, Udaipur against the judgment and sentence dated 04.02.2009 whereby, the appellant has been convicted under Section 304 Part-II of the Indian Penal Code and sentenced to undergo 10 years' rigorous imprisonment for causing fatal injuries to Raja W/o Laxman.
(2.) Briefly stated, the case as portrayed by the prosecution has been that the informant - Laxman lodged a written complaint at Police Station Pipalkhunt on 12.07.2008, that Rupa S/o Kamji Meena has murdered his wife Raja. As per the facts narrated in the FIR; Kankudi w/o Kamji Meena came to his place, shouting that his son Rupa has given a lathi blow to his wife (Raja), as a result of which, she is lying in the house. When Kankudi informed about such incident, complainant's sister - Sattudi, her daughter - Sangeeta and Sushila were present, all of them, along with Kankudi rushed to the house of Rupa about 200 mtrs. away, to find that his wife Raja was lying on a bed (Khat) in Rupa's house , injured on the right side of her head, bleeding profusely. It was also asserted in the FIR, that the accused - Rupa has confessed, in presence of his daughter - Sangeeta, sister - Sattudi and brother's daughter - Sushila, that during the course of altercation with Raja, the accused-appellant has given a lathi blow. Thereafter, when Raja was taken to Hospital at Pratapgarh on a motorcycle where the Doctors declared her to be dead. Information of such incident was given to the Police Station at around 12:30 am, in pursuance whereof, the Police registered a case under Section 302 of the Indian Penal Code against the appellant.
(3.) After investigation and collection of evidence, a charge-sheet came to be filed against the appellant, for the offence punishable under Section 302 of the Indian Penal Code, which was committed to the learned Additional District & Sessions Judge (Fast Track), Banswara (hereinafter referred to as the 'Trial Court'), which framed the charge of murder against the accused, punishable under Section 302 of the Indian Penal Code. Needless to say that the accused - Rupa, while giving his statement under Section 313 Cr.P.C., has denied the charges and prayed for trial of the case.;