PUNJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the present appeal, through Jail, the accused-appellant laid a challenge to the judgment of conviction and order of sentence dtd. 20/6/2014 passed by the learned Sessions Judge, Udaipur ('Trial Court') in Sessions Case No.40/2013 (State of Rajasthan Vs. Punja), whereby the accused-appellant has been convicted and sentenced as below: <IMG>JUDGEMENT_95_LAWS(RAJ)3_2024_1.jpg</IMG>

(2.) Brief facts of the case are that on 24/12/2012, one Hurji Meena (complainant) submitted a written information (Ex.P-4) before the then Station House Officer, Police Station Gordhanvilas, Udaipur, stating therein that on 22/12/2012 at around 7:00 a.m., one Babulal (son of complainant's younger brother-Savji) aged about 30 years, at that time, alongwith accused-appellant (Punja) went to Marwad Forest to get some woods (Baans); whereafter, Babu Lal did not return back home. On 23/12/2012, the mother of Babu Lal enquired from Punja (accused-appellant) of the whereabouts of Babu Lal, to which she (mother) was told that after selling the woods (Baans), Babu Lal proceeded to Ahmedabad (Gujarat). Thereafter, upon the same enquiry being made by the complainant from Punja on 23/12/2012 itself at around 5:00 p.m., the complainant was told that on the relevant day, Babu Lal and Punja (accused-appellant) entered into a fight at Joonapaani Naala; Babu Lal is lying in the said Naala. Thereupon, the complainant alongwith other nearby persons reached the said Naala at about 06:00 p.m. on the same day i.e. 23/12/2012 and found Babulal thereat in a state of unconsciousness and they also found the shoes of Babu Lal and Baans Bhaari, lying near him at the said place.

(3.) On the basis of the aforementioned written information given by the complainant, an FIR bearing No.470/2012 (Ex.P-5) dtd. 24/12/2012 was registered at Police Station, Gordhanvilas, Udaipur for the offence under Sec. 302 IPC, and the investigation accordingly commenced thereafter.