ARJUN @ FANIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this appeal, appellant Arjun alias Fania has assailed the conviction verdict passed by Additional District Judge, Nimbahera, Chittorgarh in Sessions Case No.71/2011 dated 7.1.2014 by which appellant-accused has been sentenced to undergo life imprisonment with a fine of Rs. 5,000.00 for offence under Sec. 302 I.P.C. and to undergo rigorous imprisonment for 10 years with a fine of Rs. 3,000.00 under Sec. 392 of I.P.C.

(2.) In nutshell, the prosecution story as described in Ex.10, written report, discloses that on 5.8.2011 while, Meera sister of complainant Kalu Ram Dangi went to Ravali Babri (a village water pond) at 3 PM to take bath and to wash cloths, did not return, Kalu Ram along with his mother Kanku Bai and with some villagers Ghanshyam S/o Bheru Lal Ahir, Heera Lal S/o Ratan and Heera Lal S/o Dhana Dangi went there and searched for her, but she, could not be traced, today on 6.8.2011, in the morning they searched her near Baabri (Village water-pond), then, they found her dead body in millet field of Bhura S/o Manaji R/o Bhasa Ka Khet, her head was found crushed by stone and blood stained stone was lying upon her head, underwear of Meera was lying little far from her dead body. Meera was wearing silver anklet and gold madaliya, while she left home, her mother had seen Mangi Lal S/o Bhura and Arjun R/o Basa bathing there at the water pond, when Meera went to take bath. Someone has killed Meera and has looted her anklet and Madaliya. Register a case and do the needful.

(3.) This FIR was lodged on 6.8.2011 at about 7:30 AM at Nimbahera thana under Sections 397 and 302/34 I.P.C., after investigation charge-sheet No.45/dated 18.10.2011 was filed against accused Arjun alias Fania under Sections 392 and 302/34 I.P.C. along with one juvenile Accused Mangilal alias Mangiya S/o Bhura Lal Dangi, whose charge sheet was segregated and was presented before the Juvenile Court, Chittorgarh. Appellant-accused Arjun denied charges, framed under Sections 302 and 392 I.P.C, so, was put to trial and the prosecution produced as many as seventeen witnesses and exhibited 45 documents. The learned trial court after appreciating the entire evidence passed the impugned judgment convicting the appellant-accused Arjun, sentencing him for life imprisonment under Sec. 302 I.P.C. and to undergo ten years rigorous imprisonment for offence under Sec. 392 I.P.C. coupled with fine as discussed above. Being aggrieved by the impugned verdict, the appellant has preferred the instant appeal.