LAKHMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the judgment impugned dated 12.2.2004, learned Additional Sessions Judge (Fast Track) No. 1, Udaipur recorded conviction against accused appellant Lakhma for the offences punishable under Sections 452, 323, 341, 336, 427, 302/34 Indian Penal Code and sentenced as under:

(2.) AS per prosecution case, on 20.2.2002, complainant Manna son of Lala Gameti, submitted a first information report Ex.P/58 at police station Gogunda stating therein that on 19.2.2002 at about 08:00 PM when he was standing on a hill close to his house, Harji son of Amra Gameti was coming after satisfying natural call, Lakhma son of Parta and Chaina son of Parta, resident of Nathiathal came and stopped Harji. Lakhma then gave an axe blow on the head of Harji, consequent to which he fell down. 3 -4 lathi blows then were given by Chaina to Harji. The accused persons ran away from the spot on coming of Smt. Nani, Varda, Poona, Khamana etc. While running from the spot accused persons also threw stones at the residence of Khamana and Harji. Harji died at the spot as a consequent to axe and lathi blows given by Lakhma and Chaina.

(3.) THE trial court while relying upon the prosecution, convicted accused Lakhma.