JUDGMENT VIJAY BISHNOI, J. Heard learned counsel for the parties. 2. The appellant Daulat Singh S/o Hem Singh has preferred this appeal against the judgment dated 31-7-2004 passed by the learned Additional District Judge (Fast Track), Rajsamand in Sessions Case No. 20/2004 whereby the accused-appellant was convicted for the offence under Section 302, I.P.C. and sentenced for imprisonment for life and a fine of Rs. 1,000/-, in default of payment of fine, he has to further undergo three months' imprisonment. The appellant was also convicted for the offence under Section 342, I.P.C. and sentenced for one month's rigorous imprisonment and a fine of Rs. 100, in default of payment of fine, he has to further undergo imprisonment of 7 days. It is ordered that both the sentences will run concurrently. 3. The prosecution story as narrated in the impugned judgment is that on 4-2-2004, one Sharvan Singh (PW7) has given an oral report (Exhibit P.8) at Police Choki Jassa Khera and has stated that his sister is married to Daulat Singh resident of Balli and they are having four issues. Today at about 4 p.m. Kamla has called Keshar Singh (PW-12) on his mobile phone and has informed him that her husband has bolted the house and is not allowing her to come in and is also assaulting her. Keshar Singh (PW12) has informed about the same to Teel Singh (PW-4) and Teel Singh has told him and Narayan Singh (PW-6) about the same. Then he along with his brother-in-law Narayan Singh went to village Balli and reached at Kamala's residence. On reaching there, he found the house locked. When he along with Narayan Singh came down, then they found that Daulat Singh is carrying his sister Kamla to put her in a jeep, however, after seeing them, he ran away from the spot. When they reached near to their sister, they found her dead. They also saw injury under the left ear of Kamla. He became apprehensive regarding the children of her sister, therefore, he again went to house of her sister and made queries then Khimi wife of Dhana (PW-1) has informed him that Daulat Singh has handed over the keys of the house to her. After taking the keys from Khimi when he unlocked the house, then all the four children were found in a room. After taking the keys from Khimi when he unlocked the house, then all the four children were found in a room. Elder child of Kalma, Kundan Singh (PW-11) has informed that his father Daulat Singh has assaulted his mother Kamla in the day and thereafter in the evening. Daulat Singh assaulted her and has also inflicted a blow of hammer on the head of his mother and on account of that, his mother became unconscious. When they screamed for help, then their father locked them in the room. His brother-in-law Daulat Singh has assaulted his sister Kamla by hammer on the left side of the head and on account of that, his sister has died, whose dead body is lying underneath the banyan tree. On receiving this report, the police has registered a case under Sections 302, 342 I. P. C. against the accused-appellant Daulat Singh. 4. Accused Daulat Singh was arrested on the same day of incident i.e. 4-2-2004 vide Exhibit P/3. Post mortem of the dead body of Kamla was conducted on 5-2-2004 and post mortem report (Exhibit P.20) was prepared by Dr. Surender Duggar (PW10). As per post mortem report, Exhibit P. 20, two injuries were found on the body of deceased Kamla and cause of death has also been given. The description of injuries and cause of death is as :–– "(1) Lacerated wound of 4x4 cm below Lt ear at angle of mandible C fracture of mandibular bone in multiple pieces, large amount of blood collected at wound region. (2) Abrasion 4x4 cm on Rt side of chest C fracture of 7th Rib of Rt side. Cause of death In my opinion cause of Death of Smt. Kamla is Hypovolumic shock due to rupture of external carotid vessels of Lt. side, Injury is antemortem". During the course of investigation, hammer was recovered from accused Daulat Singh vide Exhibit P.6. After concluding the investigation, charge-sheet has been filed against the accused appellant for the same offences under Sections 302 and 342, I. P. C. 5. The case was committed to the Sessions Judge, Rajsamand and from there the matter was transferred to Addl. District Judge (Fast Track), Rajsamand. Charges were framed against the accused-appellant for the offence under Sections 302 and 342, I.P.C. The accused-appellant denied the charges and claimed trial. 6. The case was committed to the Sessions Judge, Rajsamand and from there the matter was transferred to Addl. District Judge (Fast Track), Rajsamand. Charges were framed against the accused-appellant for the offence under Sections 302 and 342, I.P.C. The accused-appellant denied the charges and claimed trial. 6. During the course of trial, the prosecution has got examined as many as 13 witnesses and has also exhibited 23 documents. The statements of accused-appellant were recorded under Section 313 of Cr. P.C. wherein he has denied all the allegations and has stated that he has falsely been implicated in this case. However, the accused-appellant has not produced any defence witness. 7. Learned Additional Sessions Judge, Rajsamand on conclusion of trial has convicted the accused-appellant for the offence under Sections 302 and 342, I.P.C. and awarded afore-indicated sentences. Aggrieved thereby the appellant has preferred the present appeal. 8. We have heard Mr. Kalu Ram Bhati, learned counsel for appellant and Mr. K. R. Bishnoi, learned Public Prosecutor. 9. Learned counsel for the appellant has argued that trial Court has grossly erred in placing reliance on the statements of Kundan Singh (PW-11), son of the accused as the presence of Kundan Singh at the scene of the crime is highly doubtful. It is also urged that the Court below has not taken due care in appreciating the evidence of child witness Kundan Singh (PW-11) his evidence is not reliable and, therefore, the learned Court below has wrongly convicted the accused appellant while placing reliance on the statement of Kundan Singh (PW-11). 10. The counsel for the appellant has further urged that the learned Court below has also grossly erred in placing reliance over the statement of Sharvan Singh (PW-7). It is urged that the evidence of Sharvan Singh (PW-7) is not trustworthy, as he has improved his statement before the trial Court. It is further submitted by the counsel for the appellant that the statement of Sharvan Singh (PW-7) regarding the extra judicial confession, said to have been made by the accessed appellant is also not trustworthy, as the alleged extra judicial confession of the accused appellant before the Sharvan Singh (PW-7) is not natural. The counsel for the appellant has, therefore, submitted that the Court below has wrongly convicted the accused appellant for the offence under Section 302, I.P.C. and the findings arrived at by the Court below are absolutely perverse. 11. The counsel for the appellant has, therefore, submitted that the Court below has wrongly convicted the accused appellant for the offence under Section 302, I.P.C. and the findings arrived at by the Court below are absolutely perverse. 11. In the alternative, the counsel for the accused-appellant argued that even for the sake of arguments, if it is assumed that the prosecution story is true then also offence under Section 302, I. P. C. is not made out against the appellant, in this case, as there was no motive and premeditation on the part of the appellant for causing injury to the deceased Kamla and, therefore, the offence at best would travel to Section 304 Part I or II of Indian Penal Code. 12. On the other hand, learned Public Prosecutor Mr. K. R. Bishnoi has supported the impugned judgment and has submitted that the prosecution is succeeded in proving that the accused-appellant Daulat Singh has committed murder of his wife Kamla by inflicting hammer blow on the left side of her ear. 13. The learned Public Prosecutor has invited attention of the Court on the statements of Kudan Singh (PW-11), Sharvan Singh (PW-7), Teel Singh (PW-4), Keshar Singh (PW-12), Narayan Singh (PW-6) and has submitted that from the evidence of all the prosecution witnesses, it is clear that the accused appellant has assaulted his wife on the day of incident by hammer and on account of that assault, Smt. Kamla wife of accused-appellant died. 14. Learned Public Prosecutor has also invited our attention on Exhibit P/6 whereby the hammer was recovered from the accused appellant and has also relied on Exhibit P/20, the post mortem report and the statement of Dr. Surender Dugar (PW-10), who has conducted the post mortem of the body of the deceased Kamla. 15. We have considered the submissions made by the counsel for the appellant as well as the learned Public Prosecutor and thoroughly scrutinized the evidence and material available on record. 16. Keshar Singh (PW12) has deposed in his statement that the deceased Kamla has telephoned Keshar Singh (PW-12) on 4-2-2004 and informed him that his husband Daulat Singh is quarreling with her. On receiving this information from Kamla, he immediately informed about the same to Teel Singh (PW-4), father of the deceased and Teel Singh (PW-4) asked his elder son Sharvan Singh (PW-7) and son-in-law Narayan Singh (PW-6) to reach at Balli. On receiving this information from Kamla, he immediately informed about the same to Teel Singh (PW-4), father of the deceased and Teel Singh (PW-4) asked his elder son Sharvan Singh (PW-7) and son-in-law Narayan Singh (PW-6) to reach at Balli. It is pertinent to note here that despite giving opportunity, the defence has not cross-examined Keshar Singh (PW-12). 17. Teel Singh (PW-4), in his statement has stated that after receiving information from Kamla regarding quarrel with her husband Daulat Singh, he sent his elder son Sharvan Singh (PW-7) and son-in-law Narayan Singh (PW-6) at Balli. He has further stated that Daulat Singh used to assault Kamla from last 2-3 years. He has also stated that he has seen the injury on the head of Kamla and has stated that dead body of Kamla was given to him vide Exhibit P/7. In the cross-examination, Teel Singh (PW-4) has stated that his son and son-in-law reached at the residence of Kamla first and thereafter he went there. Though there is some improvement in the statement of Teel Singh (PW-4) but he has confirmed that he has sent Sharvan Singh (PW-7), Narayan Singh (PW-6) at Kamla's residence after receiving information regarding the quarrel of her with Daulat Singh. 18. Narayan Singh (PW-6), who is the son-in-law of Teel Singh (PW-4) has spcifically stated in his statement that he along with Sharvan Singh went to the house of Daulat Singh on the instruction of his father-in-law, Teel Singh (PW-4). He further stated that he along with Sharvan Singh reached at Jassa Khera and went to house of Shri Daulat Singh, where the house was locked. He further stated that they inquired about Kamla then Khimi has informed that accused Daulat Singh was beating Kamla. Narayan Singh (PW-6) further stated that they opened the house after taking the key of the house from Khimi Devi, then they found that the children of the Kamla were locked in the room and Kundan Singh (PW-11) has informed that accused Daulat Singh has inflicted blow by hammer on his mother. He further stated that when they reached underneath banyan tree, they found the body of Kamla lying there and Daulat Singh was also there and after seeing them, Daulat Singh ran away. He further stated that they found injury marks on the ear of deceased Kamla and has also found injury on the other parts of Kamla's body. He further stated that when they reached underneath banyan tree, they found the body of Kamla lying there and Daulat Singh was also there and after seeing them, Daulat Singh ran away. He further stated that they found injury marks on the ear of deceased Kamla and has also found injury on the other parts of Kamla's body. Narayan Singh (PW-6) further stated that they went to Police Chowki and informed about the incident, then the police reached at the spot and took away the dead body of Kamla with them. Narayan Singh has confirmed that Daulat Singh used to assault deceased Kamla. In the cross-examination, PW-6 Narayan Singh has specifically denied that Kundan Singh (PW-11) has told them that before his reaching home from the school, his mother died. Narayan Singh (PW-6) specifically confirmed that Kundan Singh has told them that the accused Daulat Singh has inflicted hammer blow on his mother, which resulted into her death. 19. Sharvan Singh (PW-7) has stated in his statement that at about 6:00-6:30 p.m., he along with his brother-in-law Narayan Singh had reached at the house of her sister Kamla. He further stated that the house of Kamla was locked and thereafter they came down and reached at the house of Khimi. On being inquired about Kamla, the children there told them that Kamla has been murdered by Daulat Singh and he is sitting along with the dead body of Kamla near a jeep. When they went there and inquired about the same from Daulat Singh, then Daulat Singh has confessed before them that he has killed Kamla and thereafter he went away from there on the excuse of fetching a vehicle. He further stated that they found Kamla died and noticed injury near the ear of Kamla. Sharvan Singh (PW-7) further stated that they got the key of the house from Khimi and opened the lock and all the four children came out. It is further stated by Sharvan Singh (PW-7) that Kundan Singh has informed them that Daulat Singh has threatened the children that if they will scream, he will also finish them. Sharvan Singh (PW-7) has verified the oral report (Exhibit P/8) and FIR (Exhibit P/9). He also verified Naksha Mauka (Exhibit P/5) prepared by the police. He has further stated that Khimi Devi has also informed him regarding beating given by Daulat Singh to Kamla by hammer. Sharvan Singh (PW-7) has verified the oral report (Exhibit P/8) and FIR (Exhibit P/9). He also verified Naksha Mauka (Exhibit P/5) prepared by the police. He has further stated that Khimi Devi has also informed him regarding beating given by Daulat Singh to Kamla by hammer. In the cross-examination, Sharvan Singh (PW-7) has specifically stated that when he reached at Kamla's house, all the children were in a locked room of the house and Kundan Singh was very much there. He has further denied that he is giving false statement on account of death of his sister. 20. Kundan Singh (PW-11), a child witness, has specifically stated before the Court that on 4-2-2004 at about 4:00-5:00 p.m. when he was on terrace of his house, his father was beating his mother in the chowk. Kundan Singh (PW-11) has further stated that his father was assaulting his mother with axe & hammer and inflicted a hammer blow on the temple of his mother. Kundan Singh has further stated that Khimi Devi was also watching the incident. He has further stated that his father has not inflicted any blow by axe. Kundan Singh (PW-11) has further stated that his father has locked all of them and at the time of locking the children. Daulat Singh was assaulting his mother. Kundan Singh (PW-11) stated that on the day of incident, mother had prepared vegetable of brinjal and his father asked his mother to prepare some other vegetable and on account of this, quarrel started. During the cross-examination, Kundan Singh (PW-11) has specifically stated that on the day of incident, he went to school but came at home at about 4 p.m. He has specifically denied that when he reached at his house from the school, his mother was lying in the chowk. Kundan Singh (PW-11) has further stated that his maternal uncle came there in the evening. 21. We have carefully taken into consideration the statements of Kundan Singh (PW-11) aged 10 years and found that he is understanding the questions of Court and is replying all the questions in a good sense. The counsel for the appellant has not been able to show that Kundan Singh (PW-11) was acting under threat or coercion. From the reading of the statements, it is nowhere borne out that Kundan Singh (PW-11) was tutored or his evidence is not having a ring of truth. 22. Dr. The counsel for the appellant has not been able to show that Kundan Singh (PW-11) was acting under threat or coercion. From the reading of the statements, it is nowhere borne out that Kundan Singh (PW-11) was tutored or his evidence is not having a ring of truth. 22. Dr. Surendra Duggar (PW-10) has verified the injuries of the deceased Kamla as mentioned in the post-mortem report (Exhibit P/20) and has also verified the cause of death as mentioned in the post-mortem report. In the cross-examination, Dr. Surendra Duggar (PW-10) has confirmed that all the injuries on the body of Kamla were ante-mortem and caused by blunt weapon. 23. Investigating Officer, Bhagwat Singh, Sub-Inspector, (PW-13) has stated in his statement that on receiving the report from Sharvan Singh, he immediately reached at the scene of crime. He has stated about taking statements of the witnesses and has also verified the Naksha Moka (Exhibit P/5), the recovery memo of axe (Exhibit P/2) the arrest memo of Daulat Singh (Exhibit P/3). He has further verified exhibit P/21 information given by accused Daulat Singh under Section 27 of the Indian Evidence Act and the recovery of hammer at the instance of accused Daulat Singh vide Exhibit P/6. In the cross-examination, Bhagwat Singh (PW-13) has stated that the lock of the house of deceased Kamla was already opened when he reached at the spot and the same was opened by Sharvan Singh. 24. After careful scrutiny of the evidence as well as material available on record, the sequence of events which clearly emerges out is this that on 4-2-2004 accused Daulat Singh had a quarrel with his wife deceased Kamla on the issue of preparation of vegetable. He assaulted deceased Kamla with hammer on the left side below the ear and on account of that she immediately died on spot. Kundan Singh (PW-11) specifically stated about the blow inflicted by accused Daulat Singh under the left ear of the deceased Kamla. It is also revealed from the evidence that on the day of incident, Kamla has informed Keshar Singh (PW-12) on mobile phone about the quarrel and Keshar Singh informed Teel Singh about the same and then Teel Singh had a talk with her daughter Kamla and thereafter he sent Sharvan Singh, son-in-law Narayan Singh on the spot. It is also revealed from the evidence that on the day of incident, Kamla has informed Keshar Singh (PW-12) on mobile phone about the quarrel and Keshar Singh informed Teel Singh about the same and then Teel Singh had a talk with her daughter Kamla and thereafter he sent Sharvan Singh, son-in-law Narayan Singh on the spot. When Sharvan Singh and Narayan Singh reached at the spot, they found the house of deceased Kamla locked and also found Daulat Singh with the body of deceased Kamla. On seeing Sharvan Singh and Narayan Singh, the accused Daulat Singh ran away from the spot and thereafter Sharvan Singh has opened the lock of the house and found the children including Kundan Singh in a room. Kundan Singh (PW-11) has informed Sharvan Singh about the incident and Sharvan Singh has thereafter lodged the first information report (exhibit P/8) at the Police Chowki Jassa Khera. The death of the deceased Kamla is established from the post-mortem report and the recovery of hammer is also proved by the Investigating Officer at the instance of accused Daulat Singh. In such circumstances, we have no doubt that the accused Daulat Singh has committed murder of his wife and, therefore, the learned trial Court has not committed any illegality in convicting the accused appellant for the offence under Section 302, I.P.C. for murdering his wife kamla. 25. Alternative argument of counsel for the appellant that the case against the accused-appellant does not travel beyond Section 304 part I or II, I.P.C., does not find favour because the motive in this case is fully proved as the accused-appellant has inflicted hammer blow upon the deceased Kamla because he was annoyed due to preparation of vegetable and was insisting upon preparing another vegetable, which was refused by deceased Kamla. Hence, the presence of motive for committal of offence cannot be ignored. It is pertinent to note here that from the evidence available on record, it is clear that the accused-appellant has assaulted deceased Kamla for long duration on 4-2-2004 and when the children of theirs screamed then he locked them in the house. In such circumstances, it cannot be said that there was no premeditation on the part of the accused-appellant for causing injury to the deceased Kamla. 26. In such circumstances, it cannot be said that there was no premeditation on the part of the accused-appellant for causing injury to the deceased Kamla. 26. In the above mentioned facts and circumstances of the case, the only conclusion arrived at in the case is that accused Daulat Singh has wrongfully confined his wife and children and thereafter murdered his wife Kamla and, therefore, the learned trial Court has not committed any illegality in convicting the accused-appellant for the offence punishable under Sections 302 and 342, I.P.C. 27. Hence, there is no force in this appeal and the same is hereby dismissed. Appeal dismissed.