MANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Maniya was convicted of the offence Under Section 302 IPC and was sentenced to imprisonment for life by the learned Sessions Judge by his judgment dated April 13, 1977.

(2.) THE charge against the appellant was that on 3.2.1976 at about, noon, he entered into the house of Honiya and fired a shot with a gun at Mst. Mugali wife of Rai Chanda on her face as a result thereof she died The appellant was also charged for the offence Under Section 25 of the Arms Act.

(3.) THE accused was charged of the offence Under Section 302 IPC and 25 of the Arms Act to which he pleaded not guilty and claimed trial. At the trial the prosecution in all examined sixteen witnesses. The statement of the accused was recorded in which he denied the prosecution case and he stated that he has been falsely implicated in this case. No evidence was Jed in defence. The learned Sessions Judge after hearing the arguments convicted the appellant to the offence Under Section 302 IPC and sentenced him as aforesaid. He was however acquitted of the offence Under Section 25 Arms Act, The learned Sessions Judge recorded the finding of guilt on the basis of the evidence of Dwarkadas and Babu whose statements further get corroboration from the statements of Soma (PW4) and Kesha (PW14), the evidence relating to extra judicial confession consisting of Sedna (PW 7), Jeeva (PW6), Kalia (PW 9) and Mangla (PW 13). Dissatisfied with the conviction and sentence, the accused has preferred this appeal.