Vinit Kumar Mathur, J. - (1.) By filing the present appeal, the appellant has assailed the validity and propriety of the judgment dated 03/08/2011 passed by the Additional Sessions Judge No.1 Hanumangarh in Sessions Case No. 32/2011, whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced for life imprisonment with a fine of Rs.40,000/- in default of payment of fine, further to undergo two years rigorous imprisonment.
(2.) The prosecution story as unfolded in the complaint lodged by Baljit Kaur W/o the accused Major Singh reveals that the applicant Baljit Kaur is the wife of Major Singh, R/o.Ward No.1, Sureshia Colony, Hanumangarh. She stays in the house with her husband Major Singh and son Balvindra Singh @ Billu. Her husband is a man of bad character. 15-20 days back, Major Singh after having quarrelled with her left the house and did not return. Yesterday i.e. on 16/12/2008, at around 1 p.m., she along with her son went to Heernawali after having locked her house. She handed over the keys of her house to Dilip Singh who is her neighbour. Today at around 7:30 a.m., wife of Dilip telephoned her and informed that a boy is lying dead in her house. She also told that yesterday at around 8-8:30 p.m., Major Singh came to her house and went inside the house after breaking the lock open. Now, the gate is closed from inside, therefore, she should come immediately. Getting this information, she along with Baldev Singh rushed back from Heernawali to her house and saw from the top of the wall that a boy was lying dead in a pool of blood. Somebody has killed a boy whose age is 10-12 years. Her husband was seen by neighbours to have visited the house. It is possible that her husband Major Singh has murdered the boy who had come with him.
(3.) On this information, a formal F.I.R. was registered and investigation was conducted and challan was filed under Section 302 IPC against the accused appellant.;