MELIA @ MANIYA & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment impugned dated 10.6.2011 learned Additional Sessions Judge (Fast Track) No.2, Udaipur recorded conviction of the accused appellants for an offence punishable under Section 302/34 Indian Penal Code and awarded sentence of life term imprisonment with a fine of Rs.500/- each and further to undergo one month's simple imprisonment in the event of default in payment of fine.

(2.) In brief, facts of the case are that on 26.5.2008 Shri Meena son of Dhatia orally informed at police station Mandwa that at about five years ago his nephew Kantu son of Alia had some quarrel with Bhoja. To resolve the issue a caste panchayat was called and that awarded compensation in a tune of Rs.45,000/- to Bhoja. A sum of Rs.18,000/- was paid by the family of Kantu in meeting of the caste panchayat itself with an assurance to pay the remaining amount in near future. Melia and Navla (both the accused) sons of Bhoja were regularly making demand for the remaining amount of compensation. Alia, father of Kantu, assured them for making the payment but for certain reasons that was not satisfied. On the date of incident Melia and Navla demanded the money from Alia and that erupted a quarrel between them. On knowing about quarrel erupted Meena rushed to the spot of occurrence where he found his brother Alia dead. Smt. Dhapu daughter of Navla, resident of Valoria, who witnessed the entire incident, disclosed that Malia and Navla were beating Alia. Malia had a pit digging iron rod in his hands and Navla was armed with a stick.

(3.) On basis of the information given a case was registered for the offence punishable under Section 302/34 Indian Penal Code and during course of investigation the accused appellants were arrested. At the instance of accused Melia a pit digging iron rod was recovered and at the instance of accused Navla recovery of a stick was made. The investigating agency sent both the articles for their serological examination to the Forensic Science Laboratory.