HAMIRA Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 02.06.2014 passed by the Additional Session Judge No.2, Udaipur in Session Case No.51/13, whereby the appellant has been convicted for offence under Section 302 IPC and sentenced to suffer life imprisonment with fine Rs.25,000/-; in default of payment of fine to further undergo simple imprisonment for one year.

(2.) The prosecution story as unfolded during the trial may be summarized thus: on 25.5.13 in the night Prabhu s/o Bhimraj was sleeping on the cot in padsal. At that time, Hamira s/o Roopa Garasiya resident of Sarkakheda came abusive and shouted at Prabhu to come out. Prabhu came out and tried to take him to the house by pacifying. When they reached near the rapat built on nala, Hamira started beating Prabhu with stone. On Prabhu raising hue and cry, Ratan s/o Sava Parmar (PW 2), Prabhu's mother Dhanki Bai (PW 7) , Oga s/o Bhura (PW 9) rushed to the spot and saw Prabhu lying on the ground, blood was oozing out from his head. On account of Hamira inflicting injury with stone on head, Prabhu died on the spot.

(3.) Prakash (PW 3) submitted a written report (Ex.P/5) to the Police Station, Ogna. The police registered the FIR (Ex.P/6) for offence under Section 302 IPC and the investigation commenced.