VINIT KUMAR MATHUR, J. - (1.) The present criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dated 04.12.2014 passed by the learned Sessions Judge, Chittorgarh in Sessions Case No.60/2011 whereby the appellant has been convicted and sentenced as under:- Offence Sentence Fine In Default 302 IPC Life 2500/- 01 year simple imprisonment imprisonment 394 IPC Seven years 2500/- 01 year simple R.I. imprisonment
(2.) Brief facts necessary to be noted in narrow compass are that a written report was filed by Madhav Lal (PW7) stating that second marriage of his sister Kamla was solemnized with Badri Lal. Kamla had a son and a daughter. Badri Lal was already married to one lady namely Smt. Sunder Bai and litigation was pending between them in the court. The matter which was pending in the court was compromised by Badri Lal and ultimately, Badri Lal started living with Smt. Sunder Bai. His sister Kamla was residing separately. She informed him that Badri Lal and Sunder Bai used to often fight with her on which he consoled her that he would talk to Badri lal and Sunder Bai. On 25.10.2010, his sister attended a community function and went back by bus in the afternoon at around 12:30. On 26.10.2010, some school children informed that dead body of a lady was lying in the 'Chhapar' of Ganeshpura. On getting this information, he along with Jinendra Kothari, Ratan Jat, Chatarbhuj Jat, Jogendra Jat and few other persons reached the spot and saw that dead body was of his sister Kamla. They found that her both legs from below knees were chopped off and there was a sharp cut on her neck. He noticed silver article anklet (Kadiya), Silver Kandora, golden nose pin, Ramnami necklace and golden earrings were missing from the body of his sister. He apprehended that some known person with intention to rob gold and silver articles might have murdered his sister.
(3.) On this complaint, a formal F.I.R. No.222/2010 was registered at Police Station Rashmi District Chittorgarh for the offences under Sections 302 & 394 of I.P.C. against the accused- appellant. The accused-appellant was arrested on 27.10.2010 vide arrest memo Ex.P/1. The investigation officer during the course of investigation effected recoveries of weapon of offence, ornaments and bloodstained clothes of the accused-appellants as well as the deceased.;