BHURA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 19.7.2003 learned Sessions Judge, Udaipur held the accused appellant guilty for commission of an offence punishable under Section 302 IPC, therefore, recorded the conviction and sentenced him to undergo rigorous imprisonment for life term with a fine of Rs.5000/- and further to undergo one year more rigorous imprisonment in default of payment of fine.

(2.) Briefly stated, facts of the case are that in the intervening night of 17.3.2002 and 18.3.2002 accused Bhura came to the residence of deceased Vesa, where his wife Smt. Kamla was sleeping. Accused Bhura asked the lady about her husband and on knowing about the fact that he was at his agriculture field, the accused proceeded accordingly. Smt. Kamla also went behind the accused and found him giving several blows by knife and an Axe to deceased Vesa. Smt. Kamla then raised alarm consequent to which Pema S/o Moti, Amba S/o Dhanna, Kela S/o Khata and Gulla S/o Amra etc. came to the spot, however, in the meanwhile the accused ran away from the spot. An information of the incident was given to the police station and the same was recorded as per Ex.P/6. A criminal case was lodged, regular investigation was made and a charge sheet then was preferred. The case was committed to the court of sessions, a charge for commission of an offence punishable under Section 302 IPC was framed against the accused appellant and on denial of the same, he was tried.

(3.) The prosecution substantiated its case by producing 10 witnesses (PW-1 to PW-10), several documents and articles recovered during the course of investigation. An opportunity was given to the accused to explain the evidence available against him and he was also allowed to defend himself, accordingly, he exhibited two documents (Ex.D/1 and D/2). Learned trial court after examining the entire evidence available on record reached at the conclusion that the accused committed murder of Vesa and accordingly convicted and sentenced him.