WAS, J. - (1.) Instant jail appeal has been filed by convict Ganpat Lal from Central Jail, Udaipur where the appellant is undergoing sentence of life imprisonment passed by the Sessions Judge, Pratapgarh in Sessions Case No.70/2002 vide judgment dated 05.07.2003 for committing offence under Section 302, I.P.C. Learned trial Court further imposed fine of Rs.2,000/- upon the appellant and, in default of payment of fine, the appellant has to undergo six months' simple imprisonment.
(2.) According to facts of the case, oral information was given at about 09.30 P.M. on 19.06.2002 by the appellant-accused Ganpat Lal at Police Station Dhaula Pani that in the morning at about 11.00 A.M. he went to the forest for getting fire-wood. At that time, his nephew Shambhoo La, aged 10 years, was with him and, in the forest, they ate "karaunda". Thereafter, near pathar of Gora Mahadev temple, Shambhoo La said that he was not feeling well and he is thirsty and asked for water. Upon this, as per the appellant accused, he told Shambhoo Lal that they will go to the Gora Mahadev temple and have water there; but, all of a sudden, Shambhoo Lal started vomiting and fell down and became unconscious. It is stated by the appellant accused that thereafter he lifted Shambhoo Lal in his nands and in the temple of Gora Mahadev he gave Shambhoo Lal water and after drinking water, he again lifted Shambhoo Lal and came back to village. In the village, appellant called Roop Lal and Veni Ram and all three of them felt through the body of Shambhoo Lal to find that he had died.
(3.) As per the appellant-accused, deceased Shambhoo Lal was habitual of eating mud and father of deceased Shambhoo Lal, Modi Ram was out of village for the purpose of employment. As per appellant-accused, he made efforts for the search of his brother Modi Ram but he failed to find him and came back to the village. As per the accused- appellant Shambhoo Lal died due to vomiting. Upon above information, after registering the information report under Section 174, Cr.P.C, the investigating officer of the Police Station Dhola Pani proceeded to make investigation and went to the place where the dead body of deceased Shambhoo Lal was lying and, first if all, he took the body in his possession and took the dead-body for the purpose of post mortem. In the post mortem, as per the doctor's opinion, Shambhoo Lal died due to throttling, so also, he had sustained certain injuries. Therefore, FIR was registered for offence under Section 302, I.P.C. bearing No.33/2000 on 21.06.2002. Said FIR was registered by Puran Singh Bhati, officer-in- charge of the Police Station Chhoti Sadari. After due investigation, the appellant-accused was arrested and upon his information one axe (kulhari) was recovered; and, thereafter, usual investigation commenced. Upon completion of investigation, challan was filed before the competent Court against the appellant-accused for offence under Section 302, I.P.C. After filing of the challan, the case was committed to the Court of Sessions, Pratapgarh. Learned trial Court, after framing charge under Section 302, I.P.C, proceeded for trial and, in all, 15 prosecution witnesses were examined and statement of accused under Section 313, Cr.P.C. was recorded.;