FIROZ @ TOPI Vs. STATE

JUDGEMENT

(1.) The present criminal appeal under Sec. 374(2) Cr.P.C. has been preferred by the accused appellant against the judgment & order of conviction dtd. 1/7/2020 passed by the learned Addl. Sessions Judge, Pali in sessions case no. 112/2015, whereby, the accused appellant has been convicted for the offence under Sec. 302 IPC and sentenced to undergo life imprisonment with a fine of Rs.10,000.00 and in default of payment of fine, to further undergo six months' simple imprisonment.

(2.) Briefly the facts arising out from the complaint (Ex.P-27) filed by Prakash (P.W.15) are that on 7/12/2013 the complainant and his brother Jasraj, who earn their livelihood by running fruit cart (Bsyk) at Surajpole on road leading to Somnath Temple, about about 5.00 p.m. when complainant's brother Jasraj was standing near his fruit cart, one Firoz @ Topi - accused parked his fruit cart full with fruits in front of his brother's fruit cart; when Jasraj required the accused to remove the fruit cart, the accused became angry, threatened him and went away. On 8/12/2013, Jasraj kept holiday. On 9/12/2013 at about 9.00 a.m. Jasraj came with his fruit cart at Surajpole and parked his fruit cart at the regular place. At around 11.30 a.m. - 11.45 a.m. accused brought his fruit cart and parked the same in front of Jasraj's fruit cart, which lead to altercation. Firoz pushed Jasraj, who called the complainant, on which he rushed towards him, by then Firoz took sharp edged knife from his fruit cart and gave a blow on the chest of Jasraj and ran away. Jasraj fell down and was taken to hospital, however, he was declared 'brought dead'. That Firoz had inflicted knife blow on chest of his brother and committed murder, steps in this regard be taken.

(3.) On this information, a formal FIR No.701/2013 was registered at Police Station, Pali Kotwali, District Pali for the offence under Sec. 302 IPC against the accused appellant. After conclusion of investigation, the police filed charge sheet against the accused appellant for the offence under Sec. 302 IPC.