Kailash Chandra Joshi, J. - (1.) THIS appeal is preferred to challenge the judgment dated 04.12.2006, passed by the learned Additional District & Sessions Judge, (Fast Track) No. 3, Udaipur, Camp - Salumber, convicting the accused appellant, Jai Chand Nat, for the offence punishable under Section 302 IPC in Sessions Case No. 58/2006.
(2.) THE learned trial court, on the basis of the aforesaid conviction, sentenced the accused appellant, to undergo life imprisonment and pay a fine of Rs. 1,000/ - and in default of payment of fine, to further undergo six months' simple imprisonment. Briefly stated, the facts of the case are that on 29.06.08 at 12.50 PM, one Tulsi Ram gave an oral information at the place of incident, alleging that his son Naru who had gone in the morning of 28.06.06 at around 08.30AM, from his house had not returned till the evening. On enquiry, it was found that Naru had gone with Daya Lal in the evening at around 7.30PM from the house of Daya Lal. They had started from Bassi Buchhara. On the next day, i.e. on the date of handing over of the first information report, the dead body of Naru had been found lying in the chowk of the house of Chamanlal Meghwal and, therefore, Chamanlal Meghwal, along with Daya Lal had come to Bassi. He further stated in the report that his son had been murdered by Jai Chand Nat by stone. There had been a rivalry between Jaichand and the deceased, and for that reason, Jai Chand had taken Naru to Gud and murdered him with a stone. It was further stated in the report that the incident had been witnessed by Chamna and his wife Gulab from their house.
(3.) ON the basis of the above report, a criminal case No. 199/06 was registered under Section 302 IPC at Police Station, Salumber and the investigation commenced.;