PEERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present D B Criminal Appeal has been preferred by the appellant Peera Ram S/o Shri Ragga Ji, under Sec. 374 Cr.P.C. assailing the validity of judgment dtd. 12/7/2016 passed by learned Additional Sessions Judge, Bhinmal, Jalore, (hereinafter referred to as "the learned trial court") in Sessions Case No. 41/2012, whereby the learned trial court convicted the accused-appellant for the offense under Sec. 302 of the Indian Penal Code arising out of FIR No.103/2012.

(2.) By the said judgment, the learned trial Court has sentenced the accused-appellant to undergo imprisonment for life along with a fine of Rs.10,000.00, and in default of payment of fine, to further undergo rigorous imprisonment for six months.

(3.) Brief facts for deciding the present appeal are that the on 14/9/2012 at about 8:00 A.M. the complainant-Chatraram (PW-06) lodged a written report (Ex. P-11) at Police Station Jhab, stating therein that on 13/9/2012 his nephew Mangaram after taking his meal had gone to sleep in the thatched shed situated in his agricultural field. It is alleged that during the night while Mangaram was sleeping in a said shed, he was inflicted with injuries by a sharp-edged weapon, as a result whereof, he died on the spot. The complainant-Chatraram further stated that he received information of the incident from Harjiram Kalbi and, upon reaching at the place of occurrence, he found the dead body of his nephew Mangaram lying there soaked in blood.