Govind Mathur, J. - (1.) BY judgment dated 2.5.2003 learned Additional Sessions Judge (Fast Track) Bali, convicted the accused appellant for an offence punishable under Section 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life term with a fine of Rs. 500/ - and further to undergo one month's rigorous imprisonment in event of failure to pay the fine.
(2.) THE case of the prosecution is that on 3.1.2001 PW -6 Sonaram son of Sankla submitted a written report at Police Station Nana stating therein that his younger brother Jalaram was going to Paldi District Sirohi alongwith Dhanna son of Bhuraji and Narsa son of Kana Gameti for availing labour. At about 12:30 PM when they were on way Chamna @ Samiya son of Somaji, who was keeping the enmity with Jala came and demanded money for purchasing liquor. On denial Chamna @ Samiya gave a knife blow on the chest of Jala consequent to which he fall down and died. Chamna @ Samiya ran away in the forest while keeping the knife with him. The police registered a case on basis of the information aforesaid, regular investigation was made, accused Chamna @ Samiya was charge sheeted, case committed to the court of Sessions and a charge for commission of an offence under Section 302 IPC was framed. On denial, the accused was tried.
(3.) THE prosecution supported its case by producing 17 witnesses (PW -1 to PW -17) in witness box and also number of documents. The accused was put forth for examination as per provisions of Section 313 Cr.P.C. to explain the evidence available against him as produced by the prosecution. Out of 17 witnesses produced by the prosecution two witnesses Narsa and Dhanna were the eye witnesses but they did not support prosecution story, thus, were declared hostile.;