1. An application has been filed under Section 5 of the Limitation Act by the State of Rajasthan to condone the delay of 100 days in filing this Cr. Leave to appeal.

2. For the reasons mentioned in the application, the delay in filing this cr. leave to appeal is hereby condoned. Accordingly, the application under Section 5 of the Limitation Act is disposed of.

3. Heard learned Public Prosecutor on merit in this cr. leave to appeal.

4. Learned Public Prosecutor submits that charge-sheet was filed against the respondent Laxman Bheel after due investigation in the FIR No. 50/2008, registered at Police Station, Rayla, District Bhilwara on 24.11.2008 for the offence under Section 302 IPC and for committing murder of his own wife, but the learned trial court acquitted the respondent from the charge levelled against him for offence under Section 302 IPC, but convicted him for offence under Section 304 Part I IPC, so also, under Section 309 IPC.

5. Learned Public Prosecutor submits that on the basis of Parcha Bayan (Ex.P/3) FIR was registered against the respondent under Section 302 and 309 IPC read with Section 3/25 of the Arms Act in which an allegation was levelled by Smt. Koyali W/o Kalu Bheel that in her house there are three rooms. In one room her son Laxman is residing and in other room her another son Sharvan is residing. On 23.9.2008 in mid-night upon hearing hue and cry, the complainant Smt. Koyali come out from her room and saw that noise of crying was coming from room of Laxman. The complainant Koyali immediately went inside the room and saw that Nanduri w/o of his son Laxman was lying on surface and blood was coming out from the injuries caused to her. Her son Laxman was also there having gun in his hand and blood was also coming from his neck. The wife of his son Nanduri told that Laxman had gave beating to her and also fired gun on himself. In the said incident Smt. Nanduri died in the morning, therefore, on aforesaid statement of Smt. Koyali, mother of the respondent Laxman, FIR was registered under Section 302 and 309 IPC read with Section 3/25 of the Arms Act.

6. The police field challan after due investigation, but learned trial court held respondent guilty for offence under Section 304 Part I IPC and passed sentence of 10 years RI along with fine of Rs.2,000/- and for offence under Section 309 IPC sentence of one year simple imprisonment and fine of Rs.1000/- but in fact, as per the evidence of prosecution the respondent was to be convicted for offence under Section 302 IPC because he has killed his own wife in the house, but the learned trial court committed grave error while ignoring the reliable and trustworthy evidence led by the prosecution, so also, the statement of PW-2 Koyali. It is also submitted that the son of the respondent PW-4 Kanha stated that his father Laxman caused death of his mother by inflicting Lathi blow, therefore, the learned trial court ought to have considered seriousness of the case for the purpose of conviction under Section 302 IPC, but the learned trial court committed grave error while acquitting the respondent from the charge under Section 302 IPC and to convict him under Section 302 Part I IPC, therefore leave to appeal against the judgment dated 2.5.2014 passed by the learned Addl. Sessions Judge (Women Atrocities) Cases, Bhilwara may kindly be granted.

7. After hearing learned Public Prosecutor we have perused the entire judgment. As per prosecution case, incident took place in the house of respondent in the room in which both husband and wife residing. It is also important aspect of the matter that respondent Laxman and deceased were having six children and as per statement of daughter of accused appellant and deceased Durga who was 17 years of age, his father inflicted injury by Lathi to her mother and due to injury caused by him, she fell down, thereafter, his father fired upon himself to commit suicide. The quarrel took place for demand of money for purchasing liquor by t