OM KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') aggrieved against the judgment dtd. 20/7/2018 passed by Additional Sessions Judge No.1, Parbarsar, District Nagaur (hereinafter referred to as 'the trial court') in Session Case No.37/2011, whereby appellant, Om Kanwar, has been convicted for offence under Sec. 302 IPC and sentenced for life imprisonment with a fine of Rs.20,000.00 with default stipulation to undergo six months' additional simple imprisonment.

(2.) Brief facts relevant and essential for disposal of the appeal are as under:

(3.) On 11/3/2010 complainant, namely, Shankar Singh (PW.6) appeared at Police Station Gachichhipura and gave a written report (Exhibit-P/1) to the effect that on 10/3/2010 he and his wife were not at home, only his daughter-in-law and grand daughter were at home. He had left them hale and hearty. His neighbourer telephoned him indicating that his grand daughter was not well, on which he came home and saw her, however, could not understand anything and took her to Badu, where the doctor informed that she was dead; as it was already night, he brought her back to home. The death is not natural and, therefore, prayed that action be taken and investigation be done. He has suspicion against his daughter-in-law, Om Kanwar, who is the mother of the child.