- (1.) Appellants have filed this appeal challenging their conviction and sentence under Section 302 read with Section 34 Indian Penal Code, 1860 (hereinafter referred to as ' I.P.C .') as ordered by the Trial Court vide judgment/order dated 23.02.2012. Appellants were sentenced to undergo life imprisonment under Section 302 read with Section 34 I.P.C. and were sentenced to pay a fine of Rupees five thousand and were ordered to undergo one year rigorous imprisonment in case of default of payment of fine. Prosecution story in brief is that on 5.9.2011 complainant Radheshyam received information from his nephew Vishnu at about 7.00 a.m. that his (Vishnu) father has been murdered by his (Vishnu) mother Sardar Bai and Danmal. Complainant went to the house of his brother Ramchander and found that dead body of his brother was lying on a cot. As per the complainant, Ramchander had been murdered by strangulation or by administering him some poisonous substance. Appellant Sardar Bai had illicit relations with appellant Danmal and due to this reason both of them had committed murder of Ramchander.
(2.) On the basis of the statement of the complainant, formal FIR No.336 dated 5.9.2011 was registered at Police Station Akalera, District Jhalawar under Section 302/34 I.P.C. After completion of investigation and necessary formalities, challan was presented against the appellants. Charge was framed against the appellants under Section 302 read with Section 34 I.P.C. by the Trial Court. Appellants did not plead guilty and claimed trial. In order to prove its case, prosecution examined twenty six witnesses. Appellant Danmal when examined under Section 313 Code of Criminal Procedure, 1973 (hereinafter referred to as ' Cr.P.C .'), prayed that he was innocent and has been falsely involved in this case. He did not have any illicit relations with Sardar Bai. Appellant Sardar Bai when examined under Section 313 Cr.P.C., pleaded that her husband was a liquor addict and had died on account of consumption of excessive liquor. She was innocent and had been falsely involved in this case.
(3.) Appellants did not examine any witnesses in their defence. Trial Court vide judgment/order dated 23.02.2012 ordered the conviction and sentence of the appellants under Section 302 read with Section 34 I.P.C. Hence, the present appeal by the appellants. Learned counsel for the appellants has submitted that the prosecution had miserably failed to prove its case. Independent witnesses had not supported the prosecution case, during trial. Even from the statement of star witness of the prosecution, PW-13 Vishnu it was not established that any poisonous substance had been administered by the appellants to the deceased. Learned state counsel has opposed the appeal and has submitted that the prosecution had been successful in establishing its case. Present case relates to murder of Ramchander. Appellant Sardar Bai is the wife of deceased Ramchander. As per the prosecution story, appellants were having illicit relations and due to this reason, they had committed murder of Ramchander. ;