Govind Mathur, J. - (1.) BY judgment dated 8.5.2003, learned Additional Sessions Judge (Fast Track), Dungarpur, convicted the appellant accused for the offences punishable under Sections 302, 325 and 323 Indian Penal Code and also awarded sentence as under: 302 IPC : Life Imprisonment with a fine of Rs. 1000/ - and further to undergo one year's simple imprisonment in event of default of making payment of fine; 325 IPC: Three years' rigorous imprisonment with a fine of Rs. 500/ - and further to undergo six months' simple imprisonment in event of default of making payment of fine; and 323 IPC: One year's rigorous imprisonment with a fine of Rs. 100/ - and further to undergo one month's simple imprisonment in event of default of making payment of fine.
(2.) AS per prosecution story, one Bhema son of Deva Meena on 17.3.2002 at about 08:00 AM orally reported at Police Station Aaspur that he rushed to his younger brother Mogji's house on hearing cry of Smt. Kesar at about 02:00 AM. At that time his mother Smt. Goman and Thawra son of Bhagwan also came there. All these persons found that Mogji son of Deva Meena gave a lathi blow to Smt. Kesar consequent to which she died. Bhema then went to the residence of Thakur Gordhan Singh and narrated the entire incident before him and then he came to the police station. On basis of the information aforesaid a criminal case was lodged, regular investigation was conducted, a charge sheet was filed, case was committed to the Court of Sessions and charges for the offences punishable under Sections 302, 325 and 323 IPC were framed. On denial of charges, trial was conducted.
(3.) THE persecution supported its case with the aid of 14 witnesses and 21 documents (Ex. P/ 1 to Ex. P/21). As per provisions of Section 313 Cr.P.C. accused appellant was put forth to explain the circumstances available against him in the evidence adduced by the prosecution. As per the accused he was falsely implicated in a criminal case due to some dispute relating to partition of land.;