RUPA Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal has been preferred to challenge the judgment and order dated 24.7.2002 passed by learned Additional Sessions Judge, Nathdwara in Sessions Case No.3/2002 by which the learned trial court convicted appellant Rupa s/o Kanna b/c Gameti r/o Balaliya-Jhalo Ki Madar, PS Khamnor, District Rajsamand under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life with a fine of Rs.200/- and in default of payment of fine to undergo 2 months' simple imprisonment.

(3.) Brief facts of the case are that one Rama s/o Wala Bhil r/o Negdiya - PW11 submitted a written report Ex.P/7 on 25.6.2001 at Police Station Khamnor stating therein that his son Raju, who was unemployed and was doing no work, was scolded by him, then since last 2-3 days, he has not returned to the house. On enquiring, he came to know that on 24.6.2001, Raju was wandering near the Bus Stand and took a bicycle on rent. The complainant came to know that his son's dead body is lying near the road at Jhalon Ki Madar - Rebariyon Ki Dhani. The complainant went on spot and found that his son was lying dead with injury on head of his son Raju and blood was oozing out. He reported that some unknown persons have killed his son Raju. On the above report, FIR No.97/2001 and the case under Section 302 IPC was registered. During investigation, post mortem was got conducted and post mortem report Ex.P/4 was obtained. Near the place of incident, one plastic bag with blood stains, one bicycle were seized. As per Ex.P/35, a photograph of one lady was found in the pocket of deceased and one "Gilol" (a local short of weapon to throw small stone with force to save crops from birds or to kill birds), handkerchief and some pieces of glass were also found near the deceased which were seized. The statements of witnesses were recorded. One Bhima submitted one document Ex.P/5 which is said to be a document of settlement for "Nata" marriage of the accused. The information given by the accused under Section 27 of the Evidence Act - Ex.P/18 and recovery memo Ex.P/19 were also produced by the prosecution. FSL report Ex.P/25 was also produced.