SOMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant against the judgment and order dated 25. 3. 2000 passed by the learned Sessions Judge, Sirohi, in Sessions Case No. 12/1998 by which the learned Sessions Judge while acquitting the accused Kukia for offence under Section 302/34 IPC convicted the accused appellant Soma for offence under Section 304 (II) IPC in place of Section 302/34 IPC and sentenced him to to 7 years' R. I. and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months' R. I.

(2.) IT arises in the following circumstances: (i) On 10. 12. 1997 P. W. 9 Soma S/o Devaji lodged a written report Ex. P/16 with the Police Station Anadara, Distt. Sirohi alleging hat on the same day at about 9 to 10'o clock, he was informed by his daughter P. W. 1 Keli and daughter's daughter P. W. 7 Sharmi that the accused appellant and another accused Kukia had murdered his daughter Sawali (hereinafter referred to as the deceased) by inflicting injuries by axe etc.

(3.) DURING trial, 17 witnesses have been produced by the prosecution and thereafter statements of accused under Section 313 Cr. P. C. were recorded, and 4 witnesses were examined in defence.