KIDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This jail appeal is directed against the judgment of the learned Session Judge. Banswara rendered on 6 II.90 whereby the accused Kidia has been held guilty of the offence under section 302 Penal Code and has been sentenced to life imprisonment, along with a fine of Rs 100.00 and in default to under-go rigorous imprisonment for one week.

(2.) The accused having not been represented by any body, legal assistance was provided through Shri Suresh Kumbhat. amicus curiae, who has assisted the Court on his behalf. We have also heard Mrs Chandra Lakha, learned Public Prosecutor. appearing for the State.

(3.) The facts necessary to be noticed for the disposal of this appeal. briefly stated are that one Shri Kadua Parmar, Adivasi, r/o Rath Dhanraj, lodged a report at Police Station Kalinjara District Banswara, on 11.7-87 at 7 15 p.m that when he got down from the bus, he was informed by his brother Vestha that MstGamni has been killed by Shri kidia, accused. with a sword. That fact has been seen by Kalu and Kalu has informed Heera, who in turn came and informed Vestha who had gone to Rohnia. Vestha immediately came and saw the dead body and thereafter came and informed his brother. His brother along with Sarpanch Shanji, went to report the matter to the Police, where FIR, Ex. P, I was lodged. Site was inspected, blood stained clothes were seized. Postmortem of the dead body was got conducted and after usual investigation, the case against the accused was challaned in the court of learned Munsif and Judicial Magistrate. Kushalaagarh, from where it was committed for trial to the court of learned Sessions Judge, Banswara, who charged the accused for the offence under section 302 1PC. The accused did not plead guilty to the charge and claimed trial, whereupon the prosecution examined as many as 11 witnesses in support of its case Out of them PW/2 Kalu, PW/3 Madhuri, PW/6 Kapuri and PW/7 Nar Singh have seen the occurrence. PVC'/4 Heeralal is the person who was informer; 4 Kalu that Gamni has been killed by India. He informed PW/8 Vesta After recorded, their evidence and the evidence of other formal witnesses, the statement of the accused was recorded under section 313 Cr PC He has denied everything and has stated that on account of old enmity about the land, this case has been falsely lodged. After hearing both the parties, learned Sessions Judge has convicted and sentenced the accused as aforesaid and, hence this appeal.