SANDEEP MEHTA, J. - (1.) The instant appeal has been preferred by the accused appellant Ashok Kumar who stands convicted and sentenced vide judgment dated 01.08.2012 passed by learned Sessions Judge, Jalore in Sessions Case No.51/2011 as below:- Sec.302 IPC Imprisonment for Life and to pay a fine of Rs.2,000/-. In default of payment of fine to further undergo two months' SI Being aggrieved of his conviction and sentences the appellant has, preferred the instant appeal under Section 374 (2) Cr.P.C. Though the appeal was a represented one but during the pendency of the present appeal, learned Counsel Shri T.S.
(2.) Champawat who filed the instant represented appeal pleaded no instructions. Accordingly, we summoned the convict from jail and after taking his consent appointed Shri Manjeet Godara, Advocate to argue the appeal under the Free Legal Aid Scheme.
(3.) Brief facts are that Gobarram (PW.7) lodged a written report (Ex.P-7) at Police Station Aahore inter alia alleging that his sister Tikadiyadevi (deceased) was married with the appellant herein at Gudabalotan about fifteen years ago. They had three daughters and two sons. Smt. Tikadiyadevi was being harassed and humiliated by her husband Ashok Kumar, Jeth Chhaganlal and father-in-law Dungaram for the last 2-3 years. She was being threatened that she would be killed. On 21.12.2010 in the morning at 8 O' Clock, the informant received an information from a person named Mahendra of Gudabalotan on phone that the appellant Ashok Kumar had killed his sister on previous evening and that her dead body was lying in Jalore Hospital. On this, the first informant Gobarram (PW.7) went to the Jalore Hospital and found that his sister's body was pierced by sharp wounds at numerous places. She suspected that the deceased had been killed by Ashok Kumar, Chhaganlal and Dungaram. She was harassed two years earlier in which a Panchayat of some respectable members of the society was held wherein the accused agreed that they would not repeat such acts with the deceased Tikadiyadevi and on this assurance, she was sent back to live with Ashok Kumar. On the basis of this report, an FIR No.285/2010 was registered at Police Station Aahore for the offences under Sections 302 and 120B IPC. Numerous marks of violence and blood stains etc. were recovered from the scene of occurrence. The dead body of Smt. Tikadiyadevi was subjected to postmortem examination. Her blood stained clothes were seized. Statements of witnesses were recorded. The accused Ashok Kumar was arrested and on the basis of information provided by him to the Investigating Officer Jabbar Singh (PW.23) under Section 27 of the Indian Evidence Act, blood stained pair of scissors was recovered. The seized articles were forwarded to the FSL for serological and chemical examination. After completing investigation, charge sheet was filed against the accused appellant Ashok Kumar in the court of concerned Magistrate for the offence under Section 302 IPC. Since the offence was sessions triable, the case was committed to the court of Sessions Judge, Jalore. The trial court framed charge against the accused appellant for the offence under Section 302 IPC. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 23 witnesses and got 22 documents exhibited in support of its case. Upon being questioned and confronted with the prosecution allegations, in his statement under Section 313 Cr.P.C., the accused appellant denied the same and claimed to be innocent. However, he did not lead any evidence in defence. After hearing the arguments advanced by defence and the prosecution and after perusing and appreciating the evidence available on record, the learned trial judge proceeded to convict and sentence the appellant as above. Hence, this appeal. ;