KESU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Nathdwara dated 20 th May 2006 in Sessions Case No.16/05 whereby the accusedappellant Kesu Lal has been convicted under section 302 IPC and sentenced for life imprisonment alongwith fine of Rs.5000/ - and in default thereof to undergo further imprisonment for two years.

(2.) THE facts of the case, briefly stated, are that FIR was lodged on 07.07.2005 at the Police Station Khamnor on the statement of Shanker Lal that on 06.07.2005 at 11PM in the night he along with his family was sleeping at his home. He suddenly woke up on hearing loud noise near his house. When he went out side his house, he saw that Kesu Lal was repeatedly inflicting axe blows on Naru Gameti and also abusing him. Shanker Lal raised alarm but no one came there. Naru fell down and presuming him to be dead Kesu Lal ran away. Thereafter the mother and wife of Naru came there who returned to their home after seeing him dead.

(3.) UPON this report made at the Police Station Khamnor, FIR No.83/2005 (Ex.P38) was registered for offences under sections 302 and 201 IPC. After investigation, the accusedappellant was charged for offences punishable under sections 302, 201 and 504 IPC. The accused -appellant denied the charges and sought trial.