LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant jail appeal is directed against the judgment dtd. 30/6/1995 passed by the learned Additional District and Sessions Judge No. 1, Udaipur (hereinafter referred to as 'the Trial Court') in Sessions Case No. 16/1994, whereby the accused appellant Laxman has been convicted of the charge under Sec. 302 of Indian Penal Code and sentenced as under:--

(2.) The facts leading to appellant's conviction emanated from the FIR, which came to be lodged by one Bakshi Ram on 19/3/1992 at about 12.30 a.m inter-alia stating that on 18/3/1992 at about 7.00 7.15 p.m. he was sitting in the house of his father-in-law (Kachara), his father-in-law had some altercation with his brother Nana Meena (father of the appellant Laxman) in relation to an ox. It was stated in the said FIR that Kura, who was present on the site tried to diffuse the situation and pushed Nana towards his house, but after some time, while the complainant was sitting with his father-in-law (Kachara) in verandah (padsal), the accused approached their house and called his father-in-law (Kachara) and raised grievance about what Kachara had said to his father and stabbed a knife in left side of his chest and resultantly, the deceased died instantly and the accused Laxman ran away from the scene.

(3.) On the basis of such written information given by the complainant, First Information Report bearing No. 63/1992 was registered in the police station Pahada, District Udaipur for the offences under Sec. 302 of the Indian Penal Code and Sec. 4/25 of the Arms Act.