C.M.TOTLA, J. - (1.) APPELLANT accused is as per judgment of 13.03.2003 in Sessions Case No. 7/2002 before the Court of Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Hanumangarh -convicted and sentenced for (1) Section 302, IPC, life imprisonment and fine of Rs. 1,000/ -, in default three months' simple imprisonment, (2) Section 302 read with Section 3(2)(5) of the SC/ST Act, with fine of Rs. 1,000/ - in default three months' simple imprisonment. L.I. to run concurrently.
(2.) ASSAILED is the above conviction and sentence. As per prosecution, sequence of investigation following incident is that on 27.11.2001, at 8 A.M., on telephone, one Dharmpal informed Police Stlation, Nohar that Rai Singh of their village, has killed her Bhabhi Kamlesh, whose dead body is in their home and Raisingh is sitting - recording information in Roznamcha as entry No. 1329 SHO proceeded to spot at village Bhukarka, where accused Raisingh stated to him and he took down as Parcha -Bayan Ex.P 12 that they are four brothers -eldest is Sultan Singh, then Umrao Singh, then himself and youngest Karni Singh who is living with mother and house compound of all the brothers is common - on the death of wife, Umaro Singh brought other wife Kamlesh who, being of caste Chamar, was not liking of appellant because they are Rajput and so he several times, asked Umrao Singh to leave back her, but Umrao did not. Appellant further stated that on that morning, brother left for his work to Elnabad. Then, around 6.15 - 6.30 a.m. their sister Raju was going to her in -laws, and Kamlesh did 'Sir -Parosa' (some ritual ceremony for well being and good luck) to her - when his mother was in the room, he, the appellant, having opportunity, killed Kamlesh by blow of lathi, because he did not like coming of her in compound and doing 'Sir -Parosa' to sister which resulted in eroding their social prestige. Appellant also stated that when he with lath was going to police station for giving information and presenting himself, than there outside the house met him Dharmpal and Bhopal Singh to whom he narrated the incident and they asked him to keep sitting there as they are informing the police, so he is sitting there with lathi. SHO Shri Tara Chand recorded his statement Ex.P -10 and making his endorsement to the effect that the offences of Section 302, IPC and Section 3(2)(5) SC/ST Act are made out forwarded the same to police station for registration of case and also informed Circle Officer. On receipt of this information, at police station, FIR 478/01 Ex.P -3 registered for the above offences. In course of investigation, (1) SHO inspected site, prepared site plan Ex.P -1 and memo Ex.P -1A where near the kitchen, dead body of Kamlesh was lying in pool of blood and near was 'chappal' of deceased. (2) The sample of Blood and plain soil taken and sealed, packets marked as B, C, - memos prepared are Exs. P -4 and P -5. (3) Dead body examined, memos are Exs. P -2 and P -3. Circle Officer Shri Ram Gopal (4) preparing memo Ex.P -7, arrested appellant at 10.15 a.m. and his (5) worn clothes -pant and shirt and also shoes having some blood stains seized and sealed, packet marked as D memo prepared is Ex.P -8. (6) As per information Ex.P -22, appellant presented a lathi which preparing memo Ex.P -9, seized and sealed - as per arrest memo Ex.P -7, lathi was with appellant accused. (7) After post -mortem by Medical Officer, blood stained clothes on the person of deceased 'Odhni', 'Lehanga' and 'Kabza' etc. seized and sealed vide Ex.P -10, packet marked E. (8) On handing over by Medical Officer, 'Borla', ear -ring, 'Omsona', and silver 'pai -jeb' and wrist watch found on her person seized and sealed - vide memo Ex.P -11. (9) A report Ex. P21 purporting to be bearing thumb impression of Sultan Singh and endorsement of Circle Officer dt. 27.11.2001 is also on record, according to which at 6.30 a.m., his younger brother Raisingh killed Kamlesh, the wife of Umrao. Post -mortem conducted and as per report of post -mortem, found were fracture of frontal and occipital bone and also of jaw and 9th -10th right ribs with head injury and death caused due to head injury leading to coma. As per dates, statements of Dharmpal and Ramgopal Singh recorded on the same day and statement of Rajendra S/o. Deceased (son of Kamlesh with earlier husband)on 01.12.2001 also recorded are some other statements.
(3.) THESE articles sent to FSL with forwarding letter Ex.P -19 and receipt is Ex.P -18.;