(1.) Instant criminal jail appeal has been received by post on behalf of the appellant through Superintendent, Central Jail, Udaipur challenging the judgment dtd. 19/7/2016 passed by learned District & Sessions Judge, Pratapgarh, in Sessions Case No. 132/2013 by which the learned Trial Court convicted the appellant for offence under Sec. 302 IPC and sentenced him to life imprisonment along with fine of Rs.10,000.00 and in default of payment of fine to further undergo one year simple imprisonment.
(2.) Brief facts necessary to be noted for deciding the controversy are that on 17/6/2013 at about 1.30 PM, complainant-Parwati provided an oral statement to the police at the scene of the incident. She reported that while she and her husband, Bagdiram, were engaged in agricultural activities in their field, the accused-appellant, Rama, approached armed with an axe. Upon seeing Rama, her husband rushed towards him to prevent him from cultivating the land. Suddenly, the accused-appellant struck an axe blow to the neck and other parts of the deceased's body. The complainant shouted for help and, along with her mother-in-law, rushed to the scene. They observed that, as a result of the axe blow inflicted by the accused, the deceased's neck was severed from his body. It is further alleged that there was an ongoing land dispute between the accused appellant and the complainant's family, which, according to the prosecution, served as the motive for the accused to commit the murder of her husband, Bagdiram.
(3.) On the said oral report, Police registered the FIR No. 108/2013 against the accused appellant and started investigation. During investigation, Police arrested the accused-appellant and on completion of investigation, police filed challan against the accused appellant for offence under Sec. 302 IPC.