NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellant Narayan s/o Kaliya Meena, has preferred this D.B. Criminal Jail appeal, against the judgment of conviction and the order of sentence dated 16.09.2003, passed by the learned Additional District & Sessions Judge (Fast Track),Udaipur in Sessions Case No. 65/2003, whereby the accused appellant Narayan has been convicted for the commission of offence under Section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 1,000/ - and in default of payment, to further undergo six months' rigorous imprisonment.

(2.) THE brief facts of the case giving rise to this jail appeal are that on 11.02.2003, one Devi Lal Meena gave telephonic information at Police Station Parsola , District Udaipur to the effect that Narayan, s/o Kaliya Meena, r/o Bara Charpotiya has murdered his wife Kanta with an axe. On receiving this report, SHO, Sugan Chand along with Head Constable Ramesh Chandra, and Constables Rajmal, Ishwarlal and Ganpat Singh proceeded for the place of occurrence, where PW/1 Chokha s/o Jeeva Meena , gave oral information to the effect that at about 01.30PM while he was at his house, his sister -in -law (Bhabhi) Jeevli, informed him that Narayan is assaulting his wife Kanta with an axe and on receiving this information, he went to the place of occurrence and saw Kanta in an injured condition, and saw Narayan running away from the place of occurrence and Kanta, who had received grave injuries, succumbed to the injuries.

(3.) THE learned trial Court, framed charges against the accused appellant Narayan under section 302 IPC , to which he denied the charges and claimed to be tried.