VACHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing this instant appeal under Sec. 374(ii) Cr.P.C., the appellant has assailed the judgment dtd. 10/7/2000 passed by learned Additional Sessions Judge, Bhinmal in Sessions Case No. 51/99 (18/98), whereby the appellant was convicted for the offence under Sec. 302 IPC and sentenced to life imprisonment with a fine of ?100/-, and in default of payment of fine, to further undergo 15 days' simple imprisonment, and also convicted under Sec. 341 IPC and sentenced to one month's simple imprisonment, with both the sentences directed to run concurrently.

(2.) The prosecution case, in brief, is that on 16/11/1997, Bhura s/o Uka Bhil, resident of Borta, lodged a written report (Exhibit P-10) at Police Station Modra while being at Modra Hospital. In the report, it was alleged that the complainant and his brother Bharatiya resided in separate households at Borata Bhawri but in close proximity. On 15/11/1997 at about 6:00 p.m., accused Vachna came to the house of Bharatiya and took him along. When Bharatiya did not return till about 9:00 p.m., the complainant went out in search of him. Near Jakrana Nala, the complainant heard cries of his brother and upon reaching the spot, saw that the accused persons Vachna, Kheta, and Himta had wrongfully restrained Bharatiya. It was alleged that accused Vachna struck a stone blow on the neck of Bharatiya, while Kheta and Himta assaulted him with fists and kicks. At that time, Mangia s/o Kesa Bhil along with the complainant intervened and rescued the injured.

(3.) Heard learned counsels present for the parties and gone through the materials available on record.