(1.) This appeal under Section 374 (2) CrPC has been preferred by appellant Nanu Singh S/o Ram Singh for assailing the judgment dated 05.11.2015 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pratapgarh in Sessions Case No.32/2013, whereby he has been convicted for the offence under Section 302 IPC and sentenced to undergo life imprisonment alongwith a fine of Rs.1000/- and in default of payment of fine, further to undergo rigorous imprisonment of one month.
(2.) Briefly stated, the facts relevant and essential for disposal of the appeal are noted herein below.
(3.) Tulsiram (P.W.4) presented a written report (Ex.P/7) at the Police Station Chhoti Sadari on 20.04.2013 at 01.00 p.m. alleging inter alia that his daughter Ganga Bai (the deceased) was married to the appellant Nanu Singh about 22-23 years ago. Four sons were born from the wedlock, of which Mukesh, aged 15 years was the eldest and Kamlesh, aged 5 years was the youngest. A fresh borewell had recently been dug in the field of Nanu Singh who, along with Ganga Bai and their son were sleeping in the field to guard the same. They had dinner in the field itself. It was alleged that after having dinner, Nanu Singh assaulted Ganga Bai with a stick and spiked weapons with the intention of killing her. After brutally beating Ganga Bai to death, Nanu Singh absconded from the field. The dead body of Ganga Bai was lying there. On the basis of this report, FIR No.115/2013 came to be registered at the Police Station Chhoti Sadari for the offence under Section 302 IPC and investigation was commenced.