KAPOORA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Sec. 374 (ii) Crimial P.C., the appellant Kapoora S/o Narsa is challenging the validity of the judgment dated 22.03.1988 passed by learned Sessions Judge, Sirohi in Sessions Case No.31/86 whereby the accused appellant Kapoora was held guilty for committing offence under Sec. 302 I.P.C. and punished with life imprisonment along with fine of Rs. 500.00 and in default of payment of fine to further undergo six months' RI.

(2.) As per facts of the case, First Information Report No.20/86 (Ex.P/37) was registered at police station Sheoganj, District Sirohi upon the complaint filed by PW-1 - Bhima S/o Bhura ji on 07.03.1986 for offence under Sections 147, 148, 149, 307 and 302 I.P.C. In the FIR, following allegations were levelled by the complainant PW-1 Bhima, which reads as under:-

(3.) After registration of the aforesaid FIR, the investigation was commenced by the SHO, Police Station Sheoganj and five accused were arrested including the present appellant and after completion of investigation, charge-sheet was filed against them for committing offence under Sections 147, 148, 149, 325, 324, 323 a , 323 and 302 I.P.C. in the Court of Munsiff & Judicial Magistrate, Sirohi. Learned Magistrate committed the case for trial to the Court of District & Sessions Judge, Sirohi where the case was registered as Criminal case No.31/1986.