PYARA @ PYARELAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 1. The present appeal is filed by the accused appellant against the decision of the Adl. Sessions Judge No.2, Udaipur, in Sessions Case No. 42/2001 dated 14.02.02.

(2.) The prosecution was initiated on the basis of a first information report being report No. 36/2001 at Police Station Sarada. Ex.P/2 was drawn on the basis of a written report filed by Naru as Ex P/1. According to this first information report, it was stated that Daya has died due to injuries on his neck and mouth by axe. It was stated in the report that Daya slept in the 'Bhagat' in the night and somebody has killed him during the night. The name of the accused is not indicated in the first information report.

(3.) On the basis of such report, investigation was conducted. The accused was arrested and charge-sheeted in the committal court under Sec. 302 IPC. After commitment, the case was made over to the trial court for trial. The trial court framed the charge under Sec. 302 IPC, which was denied by the accused and he claimed trial.