- (1.) By this Criminal Jail Appeal , appellant Mohan Lal @ Manna Lal ,has assailed the judgment and order dated 23.08.03 passed by the learned Addl.Sessions Judge, Nathdwara in sessions case No.14/2003 whereby the accused appellant has been convicted for the offence under Sections 302 and 397 IPC and for the commission of offence under section 302 IPC sentenced to imprisonment for life and a fine of Rs. 2000/-,and for the commission of offence under section 397 IPC sentenced to seven years' rigorous imprisonment . In default of payment of fine, to further undergo one month's simple imprisonment. Further the learned trial court ordered to serve the substantive sentence concurrently.
(2.) The brief facts of the case giving rise to this jail appeal are that on 03.02.03 , complainant Kuka lodged a complaint at the Police Station, Delwara, District Rajsamand to the effect that on 02.02.03 in the morning at about 10.00 AM, as usual , his mother Huri Bai took their goats for grazing in the field and in the evening at about 06.00 PM only the goats returned but his mother did not return and then he, along with his neighbours, went in search of her to the house of his relatives and also to his field but he could not find his mother anywhere and since it was getting late at night he returned home. Again in the morning on 03.02.03, he along with his relatives and the villagers, collectively started searching for her and finally Dhula and Pappu Singh found the body of his mother lying in the field. She was attacked by some unknown persons and was murdered. Both her legs were amputed from below the knees and her all ornaments were taken away. On this report, FIR No.04/03 under Sections 302 and 397 IPC was registered and the investigation commenced. During investigation, Police arrested the accused appellant Mohan Lal @ Manna Lal and the weapon of offence was recovered at his instance. Further , ornaments which were worn by the deceased, were recovered at the instance of accused appellant. After usual investigation, a charge sheet under section 302 of the Indian Penal Code was submitted in the court of Judicial Magistrate, Nathdwara from where the case was committed to the court of Addl. Sessions Judge, Nathdwara for trial.
(3.) The learned trial Court, framed charges against the accused appellant Mohan Lal @ Manna Lal under sections 302 and 397 IPC to which he denied the charges and claimed to be tried.;