BHURA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS jail appeal is preferred to challenge the judgment dated 18.9.2006 by which learned Additional Sessions Judge (Fast Track) No.1, Udaipur recorded conviction of accused appellant Bhura son of Lakhma Gameti for the offence punishable under Section 302 Indian Penal Code and sentenced him to undergo life term imprisonment with a fine of Rs.5000/ - with a default stipulation. The accused appellant was also convicted for the offence punishable under Section 201 Indian Penal Code and was sentenced to undergo five years rigorous imprisonment with a fine of Rs.2000/ -. Both the punishments were ordered to be served concurrently.

(2.) THE investigating agency after having written report initiated investigation as per provisions of Section 174 Cr.P.C. The corpus of deceased Gopa was subjected to an autopsy and as per report of that the cause of death was "asphyxia due to drowning".

(3.) ON completion of investigation, a police report was filed before the competent court and the case being sessions triable was committed to the court of Sessions. Learned Sessions court after providing an opportunity of hearing to the accused persons framed charge relating to commission of offence punishable under Sections 384, 394, 302 and 201 Indian Penal Code and on denial of the same trial commenced as desired.