KAILASH BALAI SON OF AMAR LAL, BY CASTE BALAI, RESIDENT OF CHOMOHALLA, POLICE STATION GANGDHAR, DISTRICT JHALAWAR (PRESENTLY UNDERGOING SENTENCE IN CENTRAL JAIL, KOTA.) Vs. STATE OF RAJASTHAN THROUGH PP

JUDGEMENT

(1.) Kailash son of Amar Lal, by caste Balai, resident of Chomohalla was tried by the court of Additional Sessions Judge, Jhalawar for having committed murder of Man Singh, brother of Mangu Singh (P.W.1) the complainant on 12.3.2009 at 4:00 PM in the common passage falling within the jurisdiction of village Kutki. The trial Judge held the appellant Kailash guilty of offences under Sections 302 Penal Code and 4/25 of Arms Act and thereafter, sentenced the appellant as under:-

(2.) In the jail appeal filed, the appellant has assailed the impugned judgment of conviction dated 22.10.2013 along with order of even date whereby he was sentenced as above.

(3.) Mangu Singh (P.W.1) brother of the deceased Man Singh is not an eyewitness of the occurrence. Information regarding the occurrence was relayed to him by Balu Singh (P.W.2), upon which he had submitted the written report (Exhibit-P/1), leading to registration of FIR No.40/09, registered at Police Station Gangdhar, District Jhalawar for the offence punishable under Sec. 302 IPC.