KHEMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this Cr. Jail Appeal filed by the accused appellant Khemla S/o Dudiya Meena, the appellant is challenging judgment dated 10.4.2006 passed by the Addl. District & Sessions Judge (Fast Track) No. 1, Udaipur in Sessions Case NO.171/2005 whereby the learned trial court convicted the accused appellant for offence under Section 302 IPC and passed sentence for life imprisonment with fine of Rs. 2,000/- and in default of payment of fine to further undergo 6 months simple imprisonment and held him guilty under Section 4/25 of the Arms Act and passed sentence for one year simple imprisonment along with fine of Rs. 500/- and in default of payment of fine to further undergo two months simple imprisonment.

(2.) As per brief facts of the case on 24.9.2005 at about 10.30 pm the complainant Deva (PW-1) gave verbal information alognwith two persons Kaliya and Bhuriya at Police Station Parsola, District Udaipur that today in the night at about 8'O Clock he and his elder brother Khemla and nephew Virma were in their agricultural field for taking care of crop of corn, at that time, I was sleeping on corn and in front of me near Dhuni his brother accused Khemla and nephew Virma were talking, after some time they stand up to go at home but both of them started quarreling and used filthy words against each other. Further, it is stated that he made efforts for their reconciliation but all of sudden accused Khemla inflicted injury by knife to his nephew the deceased Virma in his stomach and chest and due to those infliction injuries Virma fell down and accused Khemla run away from the place of occurrence. It is further stated that due to darkness in the light of fire he find that there were injuries upon different parts of body of the deceased Virma and blood was coming out from the injuries.

(3.) As per information, after the incident upon calling his nephew Rama and Kesariya came on spot to whom the complainant informed that Khemla inflicted injury by knife to Virma and sent Rama to the village for calling villagers. Upon information the villagers Dholiya, Kaliya and other persons came and found that Virma died on spot. The complainant informed the SHO Police Station, Parsola that dead body of Virma is lying on spot, therefore, action may be taken against accused Khemla.