BHURIYA MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this Cr. Jail Appeal filed by the accused appellant Bhuriya S/o Prabhu, the judgment dated 6.1.2014 passed by the Addl. District and Sessions Judge, Pratapgarh in Sessions Case No. 1/2012 is under challenge whereby the learned trial court convicted the accused appellant for offence under Section 302 IPC and passed sentence for life imprisonment with fine of Rs. 10,000/- and in default of payment of fine to further undergo 6 months RI.

(2.) As per brief facts of the case on 17.11.2011, complainant Kalu submitted an oral report stating therein that today one Laxman S/o Moti Meena, resident of Iton Ka Talab, Relafala and his friend both were going on bicycle at in-laws house of Laxman situated at village Munduratalab Jodaliya Falla where after taking the insane daughter of Laxman they all went to the sister of Aganwadi and after taking medicine, dropped the daughter of Laxman Singh at his in-laws house and they all proceeded to come back. As per the complainant when they reached near the house of Ramchandra S/o Keshu Ram Meena situated at Railfala, at that time the accused Bhuriya came on his bicycle in front of the cycle of Laxman and on askance of Laxman Singh, some altercation took place between them resulting into knife blow over Laxman thereby Laxman was died on spot.

(3.) On the basis of the aforesaid oral report, the SHO Police Station, Dholapani registered FIR No. 70/2011 under Section 302 IPC and after concluding the investigation, filed charge-sheet against the accused appellant under Section 302 IPC in the court of Additional Judicial Magistrate, Chhotisadari.