TEJA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) According to the prosecution P.W. 2 Phulji lodged a verbal report on 16-5-90 at 5 p.m. at Police Station, Sallopat that in the previous night at 9.00 p.m. on the alarm raised by P.W. 5 Smt. Kamla (daughter of his brother Vella) he (P.W. 2) went to the house of his brother, where he found that his brother Vella had died and foul smell of wine was coming from his mouth. On this information the proceedings under Section 174, Cr. P.C. were taken place. Upon the post-mortem examination of the dead body it was revealed that the death of Vella was caused due to homicidal strangulation. Consequently a case under Section 302, I.P.C. was registered. After investigation the appellants Teja and Khatara and one Rama were tried for the offence of murder of Vella. In the trial the prosecution examined 12 witnesses and exhibited 21 documents. The accused persons in their statements denied the prosecution evidence and claimed themselves to be innocent. They did not examine any witness in defence. After considering the evidence on record and arguments advanced, the trial Court of learned District and Sessions Judge, Banswara vide its judgement and order dated 22-1-92 convicted Teja and Khatara for the offence under Section 302/34, I.P.C. and sentenced Them to a imprisonment for life and a fine of Rs. 500/- each. The accused Rama was acquitted for the offence under Section 302/109, I.P.C. Against this conviction and sentence appellants Teja and Khatara have preferred this appeal.

(2.) Another Division Bench of this Court vide order dated 16-8-95 dismissed the appeal of Teja for non-prosecution and the appeal in respect of Khatara was ordered to be fixed for hearing.

(3.) We have, therefore, heard the arguments in respect of the appeal of appellant Khatara only.