PRAKASH KASOTIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant cr. appeal has been filed by the accused appellant under Section 374(2) Cr.P.C. against the judgment dated 14.6.2006 passed by the Sessions Judge, Udaipur in Sessions Case No. 10/2006 whereby the said court convicted the accused appellant for offence under Section 302 IPC and under Section 4/25 of the Arms Act and passed the sentence against him for life imprisonment under Section 302 IPC and one year RI for offence under Section 4/25 of the Arms Act.

(2.) AS per the brief facts of the case, the FIR No. 162/2005 dated 7.12.2005 (Ex.P/14) was registered at Police Station Jhadol, District Udaipur upon the complaint made by Mukund Lal. The author of the FIR alleged that today in the morning at about 9.00 a.m. when he was going on road near Patiya in the village he heard cry of girl from the agricultural field nearby road and upon hearing the cry, he rushed to the place of occurrence and saw that one Prakash Kasotiya S/o Heera Lal, resident of village Adole was having knife (Chhuri) in his hand and he was inflicting one after another injury upon the girl Ganga D/o Ambawa, resident of Adole when she was doing work in the agricultural field of her father. As per the allegation in the FIR due to injuries caused by Prakash by knife, Ganga fell down, at that time, her father Ambawa (PW -7) also came on spot and saw the incident but accused Prakash run away from the spot alongwith knife (Chhuri) and Ganga died at spot due to number of injuries caused by the accused appellant Prakash.

(3.) IN the trial court the statements of 12 prosecution witnesses were recorded out of which PW -3 Mohan Lal and PW -7 Ambawa were eye witnesses. After recording statements of prosecution witnesses, the statement of accused appellant were recorded under Section 313 Cr.P.C. in which following explanation were given by him.