SANGEET LODHA,J. - (1.) These appeals are directed against the judgment and order dated 21.4.2011 passed by the Additional Sessions Judge, (Fast Track) No. 1, Udaipur in Sessions Case No. 169/09 whereby the appellants Shambhoo Lal and Ajindra Kaur were convicted for offence under Section 302 r/w Section 120B IPC and sentenced to suffer life imprisonment and fine of Rs. 5,000/- each, in default, to further suffer six months' imprisonment. In addition to above, the appellant Shambhoo Lal has been convicted for offence under Section 4/25 Arms Act and sentenced to suffer two years' rigorous imprisonment with fine Rs. 1000/-, in default, to further suffer three months' simple imprisonment. The sentences awarded to the accused Shambhoo Lal were directed to run concurrently.
(2.) The prosecution story unfolded during the trial is that Amarjeet Singh and Smt. Ajindra Kaur entered into marriage, they had two children; a son Jasbeer @ Montu and a daughter Harpreet. Amarjeet Singh was engaged in transport business and Shambhoo Lal was employed as Manager in his business concern. Amarjeet Singh died and after his death Ajindra Kaur, Jasbeer @ Montu and Harpreet continued to live together in their flat B-203, Galaxy Apartments, Girva, Udaipur. Harpreet was employed with R.K. Dotcom. On 2nd March, 2007 around 7.30 PM, when Harpreet came back from the office, her mother Ajindra Kaur was at home. When, Harpreet asked her mother as to whether her brother Montu @ Jasbeer came to home for taking meal or not, her mother replied that Montu came at 4.00 PM for taking meal and thereafter, went along with two friends, she had not seen his friends before and further that Montu had said that his phone will remain switched off as he is going to a village. Harpreet tried to contact Montu, but his phone was switched off. Around 10 PM, when Harpreet came in her room, she found bathroom locked, on being asked, her mother informed that Montu went out after placing some goods therein and keys lie with him. On feeling the need of bathroom, Harpreet insisted on breaking the lock, on this, her mother told that Montu will open the lock on his own in the morning. When Harpreet tried to inform the police on phone, her mother tried to bite on her left hand by mouth. Harpreet locked the flat from outside and ran away. She asked the family members of Harish Nasa to permit her to give a call to police, but she was not permitted saying that it is your internal family matter. She also asked the neighbour residing just opposite, but they also declined. She contacted the police on phone and also to the Hawk (Police Patrolling Car). In the meantime, her mother also came down as the flat bolted from outside was opened by someone. Harpreet refused to go upstairs and told her mother Ajindra Kaur to return her mobile, the mobile was returned and thereafter, she contacted the police and Hawk was informed that this is the dispute between mother and daughter, and they will solve it. In the night, her mother Ajindra Kaur told Harpreet to sleep in her room, but she declined and said that she would sleep in her own room only. She could not sleep whole night, then in the morning, she called her brother's friend Suresh, he came and told that Montu was with him yesterday till 2.00 PM. Then Suresh noticed that blood stains were present on wall and on Suresh making the call, the police came to Harpreet's home and broke opened the bathroom's lock in front of them, the dead body of Montu @ Jasbeer was lying in bathroom in pool of blood. It was found having incised wounds, Montu @ Jasbeer was murdered. According to Harpreet the Flat, movable and immovable properties of her father were in the name of her mother, and her brother Montu had doubt that her mother has illicit relation with Shambhoo Lal Teli working as Manager in their Transport Concern. Amarjeet Singh was in jail in connection with a murder case, Harpreet was at Delhi and her brother Montu used to reside at Delhi and Mumbai. In the meantime, her mother Ajindra Kaur and Shambhoo Teli were at Girva, Udaipur only. Amarjeet Singh was released on bail and thereafter died on 11.12.06. Thereafter, Harpreet and Jasbeer @ Montu also started living with their mother at Girva. In January, 07, they came to know of relation between their mother and Shambhoo Teli, Harpreet had scolded Shambhoo Teli several times on attending his phone calls. Their mother, Ajindra Kaur had agreed to transfer the flat in the name of Montu and assured her to get execute the deed after Holi. Accordingly, casting doubt on her mother Ajindra Kaur and Shambhoo Lal Teli, PW-2 Harpreet submitted a written report (Ex.P/12) of the incident occurred to the police, at the place of occurrence.
(3.) On the basis of the written report (Ex.P/12), the police registered FIR (Ex.P/26) bearing No. 129/07 for offence under Section 302 IPC and the investigation commenced.;