MOHANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant-accused Mohan Lal preferred this jail appeal to assail the impugned judgment of conviction and order of sentence dated 18.11.2015, passed by learned Additional Sessions Judge No.2, Sikar, in Session Case No. (105/2013) 11/2015 (State of Rajasthan vs. Mohan Lal), whereby, learned Additional Sessions Judge No.2, Sikar convicted the accused-appellant for the offence punishable under Section 302 IPC and sentenced him to undergo life imprisonment and to pay a fine of Rs. 5,000/-, in case of default in payment of fine, to further undergo additional one month rigorous imprisonment.

(2.) It was also ordered that the period for which accused- appellant remained in custody during investigation and trial, the same shall be set off qua the sentence awarded. The brief and relevant facts giving rise to this appeal are that on 24.04.2013 complainant-PW-2 Sanwar Mal submitted a written report (Exhibit-P-2) at the place of incident before Ramji Lal, PW-15 S.H.O. Police Station- Nechhwa stating therein that between 5:00-6:00 a.m. on hearing cries of his brother Mohan Lal, he along with his wife Bimla Devi (PW-10) rushed to the spot and saw that Mohan Lal was armed with an axe and was inflicting axe blows to his wife named Dakha Devi. He inflicted axe blows on both the upper limbs and also had cut the throat of his wife as a result of which, she died at the spot. As per complainant, accused- appellant committed murder of his wife.

(3.) After making necessary endorsement, PW-15 Ramji Lal S.H.O. Police Station- Nechhwa had sent the report to Police Station- Nechhwa for registration of FIR, on basis thereof formal FIR bearing No. 93/2013 (Exhibit-P-17) was registered for offence under Section 302 IPC and investigation commenced.