Manoj Kumar Garg, J.

The instant criminal jail appeal has been filed by the appellant Smt. Chanchal from Central Jail, Jodhpur against the judgment dated 21.12.2006 passed by the learned Addl. Sessions Judge (Fast Track), Jalore in Sessions Case No. 50/2006 whereby the accused appellant was convicted for the offence under Section 302 IPC and sentenced to life imprisonment alongwith fine of Rs. 1000/-, in default of payment of fine to further undergo one year rigorous imprisonment.

2. Brief facts of the case are that on 4.5.2006 a written report was filed by Sakaram (PW-1), brother of deceased Karna Ram, stating therein that they are four brothers. Selaji being eldest of them, then Balwanta Ji, then Karna Ji, and youngest of them the informant himself. Balwantaji's son Kaluram marriage was scheduled for 6th of May, so they had bought bridal outfit. Karna Ram's children were at Balwantaji's house and Karna Ji and his wife Chanchal stayed at home. Around 10:30-11:00 PM informant left for Karna Ram's house for dropping off the children, there they found the outer door closed. Children went inside and screamed, on this informant rushed inside and saw his brother Karna Ram lying on cot in pool of blood. On being asked by the informant his brother Karna Ram replied that your sister in law (bhabhi) Chanchal had inflicted an axe blow on his head. Informant searched for sister in law but she was not there. Listening to scream of informant and children, neighbour Bhikaram came there and made arrangement for a Jeep and around 1 AM Karna Ram was taken to Hospital at Jalore where from he was referred to Jodhpur. On way to Jodhpur at 2 AM, near Bhadrajun, Karna Ram succumbed to the injuries. At 4 AM they returned to hospital at Jalore, on this account delay occasioned in presenting the report. Informant further stated that deceased Karna Ram was having five children. 15 years had passed since his marriage. Feud was ongoing between Karna Ram and his wife for 2 years. Karna Ram was killed by his wife with Axe. On screaming by the informant, Desaram, Goparam and neighbours came there. Upon aforesaid complaint submitted by the complainant PW/1 Saka Ram, police registered a case and investigation commenced. The police arrested the present appellant and after completion of investigation, challan was filed against the accused appellant before the court of Judicial Magistrate, First Class, Jalore under Section 302 IPC from where the case was committed to the court of Addl. Sessions Judge (FT), Jalore.

3. The learned trial court after framing charge under Section 302 IPC proceeded to record the prosecution evidence. In support of prosecution case, 16 witnesses were examined in all and various documents were exhibited. After recording evidence of prosecution, the statement of the accused appellant were recorded under Section 313 Cr.P.C. however, no witness was examined on defence side.

4. Upon conclusion of trial, the learned trial court convicted and sentenced the accused appellant Chanchal under Section 302 IPC vide judgment dated 21.12.2006.

5. The learned Amicus Curiae Shri Bhagat Dhadhich, while challenging the finding of the learned trial court vehemently submits that in this case there are no eye witnesses and prosecution case is based upon circumstantial evidence which is not proved beyond reasonable doubt. All the witnesses are interested witnesses, therefore, they concocted the story so as to implicate the accused appellant with the crime. It is argued that chain of the circumstances is not complete and the alleged dying declaration is also not believable. The presence of the appellant in the house at the time of sustaining injury by the deceased is not at all proved. She was arrested on the next day from her parent's house. There is no evidence of motive on record for which it can be said that appellant was having an intention or motive to kill the deceased Karna Ram.

6. The submission of the learned counsel for the appellant is that lear