SANDEEP MEHTA,J. - (1.) The appellant Jamnalal has been convicted and sentenced as below vide judgment dated 30.06.2012, passed by the learned Additional Sessions Judge, Gulabpura, District Bhilwara in Sessions Case No.13/2011. Offence Under Sentence Fine Fine Default Section sentences 302 IPC Life Imprisonment Rs.5,000/ 6 months R.I. Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.
(2.) Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow:- Pannalal (PW-1) lodged a written report (Ex.P/1) with the SHO, Police Station Asind on 08.10.2011 alleging inter alia that his uncle Devilal S/o Pratap Balai was having a son Jamnalal and six daughters, all of whom were married and were residing at their matrimonial homes. His uncle Devilal and his wife Smt. Devli used to reside with their son Jamnalal and daughter-in-law Kamla. Jamnalal was in habit of quarrelling with Devilal after consuming liquor. He was pacified on a number of occasions but he did not desist from his offensive attitude. He had beaten Devilal on numerous occasions but as he was the only son, no complaint against him was ever filed with the police. On 07.10.2011, Devilal, Jamnalal and Kamla were present in the house. Devli had gone to her daughter's house because the girl was expecting. The informant was present at his house. At about 9:30 pm. in the night, Jamnalal started beating, Devilal who raised a hue and cry. The informant thought it to be the routine happening and took it casually and did not go to their house. In the morning, Jamnalal's wife Kamla was seen crying stating that Kakaji had died. The informant went to the house of Devilal and saw that he was lying dead with numerous injuries on his body and the clothes were drenched in blood. Jamnalal was a habitual drunkard and he was out to snatch ornaments of his mother from his father. But as he could not succeed, he used to beat Devilal up. On the previous day also, Jamnalal asked money to buy liquor from Devilal who did not concede to his demand, upon which, he was beaten to death. Devilal's body was lying in the house. On the basis of this report, an FIR No.177/2011 (Ex.P/18) was registered at the Police Station Asind for the offence under Section 302 IPC. The investigation was assigned to Laxman Ram Bishnoi (PW-14) SHO, Police Station Asind, who inspected the site; collected the blood stained clothes of the deceased and the blood stained and control soil from the place of the incident. A 'Tirpal' stained with blood was also seized from the spot. Panchnama of the dead body of Devilal was prepared. The dead body was forwarded to the Asind Hospital for autopsy from where, the postmortem report (Ex.P/15) was issued. The I.O. thereafter proceeded to record the statements of the material witnesses. The accused Jamnalal was arrested vide arrest memo (Ex.P/9) and was interrogated. Jamnalal gave a voluntary information (Ex.P/21) to the I.O. under Section 27 of the Indian Evidence Act in furtherance whereof, the clothes worn by the accused at the time of the incident and a wooden stick were recovered and seized vide seizure memos (Ex.P/10 and Ex.P/11). The seized articles were forwarded to the FSL from where, a report dated 18.11.2011 (Ex.P/22) was received. After concluding the investigation, a charge-sheet was filed against the accused Jamnalal in the concerned court for the offence under Section 302 IPC.
(3.) Since the offence was Sessions triable, the case was committed and transferred to the Court of the Additional Sessions Judge, Gulabpura, District Bhilwara. The trial court framed charges against the accused Jamnalal for the offence under Sections 302 of the IPC who pleaded not guilty and claimed trial. The prosecution examined as many as 14 witnesses and exhibited 22 documents in support of its case. Upon being questioned under Section 313 Cr.P.C. and when confronted with the circumstances appearing in the prosecution evidence, the accused denied the same and claimed to have been falsely implicated. After hearing the arguments advanced by the defence counsel and learned Public Prosecutor and, upon appreciating the evidence available on record, the trial court proceeded to convict and sentence the appellant Jamnalal as above by the impugned judgment. Hence this appeal.;