SHIVA S/O NATHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(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 31/01/2018 passed by the learned Additional Sessions Judge No.5, Udaipur in Sessions Case No. 33/2016 whereby the accused-appellant has been convicted for the offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 5,000/- and in default of payment of fine to further undergo one month's additional rigorous imprisonment.

(2.) The brief facts in the present case are that a written report (Ex.P.2) was filed by PW.1 Khatu stating therein that wife of his brother Shiva was a habitual drinker and used to consume liquor daily. On 09/01/2016, his brother had a fight with his wife Parvati. Both of them were at their house and he was in Udaipur. He was informed on telephone that Parvati had passed away. On getting this information when he reached home, he saw Parvati lying dead and his brother informed that she consumed liquor day before yesterday and assaulted him and, therefore, they had a fight. Yesterday at around 6 p.m., Parvati died. There was an injury on the backside of right ear of the deceased. The relatives were informed.

(3.) On this information, a formal F.I.R. No. 08/2016 was registered at Police Station Jhadol, Udaipur for the offence under Section 302 of I.P.C.