Govind Mathur, J. - (1.) BY the judgment impugned dated 12.2.2004, learned Additional Sessions Judge (Fast Track) No. 1, Udaipur recorded conviction against accused appellant Lakhma for the offences punishable under Sections 452, 323, 341, 336, 427, 302/34 Indian Penal Code and sentenced as under: Section 452 IPC : One year's rigorous imprisonment with a fine of Rs. 100/ - and in default of which to further undergo 15 days rigorous imprisonment; Section 323 IPC : Three months' rigorous imprisonment; Section 341 IPC : One month's simple imprisonment; Section 336 IPC : One month's simple imprisonment; Section 427 IPC : Three months' rigorous imprisonment; and Section 302/34 IPC : Life imprisonment with a fine of Rs. 1000/ - and in default of which to further undergo six months' rigorous imprisonment.
(2.) AS per prosecution case, on 20.2.2002, complainant Manna son of Lala Gameti, submitted a first information report Ex.P/58 at police station Gogunda stating therein that on 19.2.2002 at about 08:00 PM when he was standing on a hill close to his house, Harji son of Amra Gameti was coming after satisfying natural call, Lakhma son of Parta and Chaina son of Parta, resident of Nathiathal came and stopped Harji. Lakhma then gave an axe blow on the head of Harji, consequent to which he fell down. 3 -4 lathi blows then were given by Chaina to Harji. The accused persons ran away from the spot on coming of Smt. Nani, Varda, Poona, Khamana etc. While running from the spot accused persons also threw stones at the residence of Khamana and Harji. Harji died at the spot as a consequent to axe and lathi blows given by Lakhma and Chaina. The investigating agency registered a case and arrested the accused Lakhma. After completing the investigation the appellant was charge sheeted, case was committed to the Sessions court and on denial of charges trial for the offences punishable under Sections 452, 323, 341, 302/34, 336, 427 IPC was conducted. The case of accused Chaina was splitted he being absconding. To support the prosecution case 19 persons were produced in witness box and number of documents were exhibited. The accused was put forth for examination as per provisions of Section 313 Cr.P.C., wherein he denied all the allegations and whatever stated by the witnesses. He did not choose to produce any evidence in defence.
(3.) THE trial court while relying upon the prosecution, convicted accused Lakhma.;