MAHENDAR KUMAR GOYAL, J. - (1.) Accused-appellant Dadamchand stands convicted and sentenced as hereunder, vide judgment impugned dated 28.5.2016 passed by the learned Addl. Sessions Judge No. 5, Udaipur, in Sessions Case No. 76/2016, CIS No. 653/2014: Under Section 302 I.P.C.: Imprisonment for life and a fine of Rs. 5,000/-. In default of payment of fine to further undergo simple imprisonment for three months. Under Section 201 I.P.C.: Simple imprisonment for three years and a fine of Rs. 3,000/-. In default of payment of fine to further undergo simple imprisonment for two months. Under Section 177 I.P.C.: Simple imprisonment for two years and a fine of Rs. 2,000/-. In default of payment of fine to further undergo simple imprisonment for two months. Under Section 193 I.P.C.: Simple imprisonment for three years and a fine of Rs. 3,000/-. In default of payment of fine to further undergo simple imprisonment for three months. All the substantive sentences were ordered to run concurrently. Being aggrieved of his conviction and sentenced, the accused-appellant preferred the instant appeal under Section 374(2) Cr.P.C.
(2.) The facts in brief, relevant for disposal of the appeal, are as under: A written report (Ex.P.-20) dated 6.7.2012 came to be filed by the accused-appellant Dadamchand with the SHO Police Station Phalasiya, District Udaipur, stating therein that while he was sitting on the shop with Gopal Chand, in the evening of 5.7.2012 at about 8.30 p.m., his wife Smt. Hansi Devi was hit by a motorcycle being driven rashly and negligently by its driver when she had come out of the house to answer the call of nature. It was averred that when he alongwith Gopal Chand was taking Smt. Hansi Devi for treatment in a hired jeep, she expired on the way. It was submitted that body of his wife was lying at home. On the aforesaid report, an FIR No. 96/2012 (Ex.P.-21) dated 6.7.2012 was lodged under Section 304-A I.P.C.
(3.) During the course of investigation, a written report (Ex.P.-7) dated 7.7.2012 came to be submitted by Vajeram (PW-2) at the Police Station Phalasiya alleging therein that Smt. Hansi was murdered by her husband Dadamchand by giving her an axe (Kulhari) blow. As per the Panchanama (Inquest Report Ex.P.-3) as well as the Autopsy Report (Ex.P.-26), the deceased was found to have received an incised wound on the back of the neck at skull and neck-joint and in opinion of the doctor, cause of death was neurogenic shock due to brainstem injury which led to cardio respiratory arrest. No other significant injury, except a lacerated wound measuring 3x3x1 cm. and a bruise in the size of 3x3 cm; both on the right elbow, was found on the person of the deceased.;