MEERKHA @ MASROO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the accused-appellant as well as learned Public Prosecutor for the State.

(2.) This Jail appeal, registered under Sec. 383 Crimial P.C., is preferred to, question the correctness of the judgment dated 18.11.2004 passed by the learned Additional Sessions Judge, Fast Track No. 1, Udaipur in Sessions Case No. 82 of 2004, State Vs. Meerkha @ Masroo convicting the accused appellant Meerkha @ Masroo S/o Karma Gamar, R/o Deri, P.S. Kotda, District-Udaiur for the offence punishable under Sec. 302 I.P.C. as also under Sec. 4/25 of the Arms Act and sentenced him as follows:

(3.) In brief, the facts of the case are that on 30.5.2004 at 10:15 A.M. Chikla, complainant Smt. Jhamku (PW-7) wife of Saja Dabi lodged an oral information (Parcha Bayaan) (Ex.P-14), inter alia, stating that about two years ago on account of quarrel between her family and Meera in respect of theft of Ox, her husband Saja and her brother-in-law (dewar) Naniya went to Gujarat along with their family, where they started farming and labour. The day before, during the day she and her husband Saja came from Gujarat to her brothers in her paternal village Deri, where they stayed in the night.