Govind Mathur, J. - (1.) BY judgment dated 31.10.2003 learned Additional Sessions Judge (Fast Track -I), Dungarpur convicted the appellant for offences punishable under Sections 302 and 450 Indian Penal Code and sentenced him as follows: Section 302 IPC: life imprisonment with a fine of Rs. 1000/ - and in default of payment of fine to further undergo one year's simple imprisonment. Section 450 IPC: five years' rigorous imprisonment with a fine of Rs. 1000/ - and in default of payment of fine to further undergo six months' simple imprisonment.
(2.) THE prosecution case is that on 27.7.2002 one Gomna (PW -10) submitted a written report at Police Station Ganeshpur and as per that in the night of 26.7.2002 Gomna and his son Bhagwan were coming together from Punali turn to Ghatikada turn wherefrom they both proceeded to their respective houses. In the morning of 27.7.2002 at about 06:00 AM Nathu called Gomna and informed that outer door of Bhagwan's house was lying open with blood stains in compound. Gomna then found dead bodies of Bhagwan and his wife Anita lying inside. Accordingly, a case was registered, investigation was made and a charge sheet was filed against five persons viz. Arjunlal son of Ratna, Himmat Ram son of Arjunlal, Bhanwarlal son of Arjunlal, Manji son of Arjunlal and Jayantilal son of Arjunlal. The case was committed to the court of Sessions, charges for commission of offences punishable under Sections 302, 450 and 109/34 were framed and on denial of same all the accused were tried. The prosecution supported its case with the aid of 17 witnesses and 45 documents (Ex.P/1 to Ex.P/45). The accused persons were examined as per Section 313 Cr.P.C. to explain the circumstances appearing in the prosecution evidence and they also adduced documents Ex.D/1 to Ex.D/7 in defence. The trial court by the judgment impugned acquitted all the accused persons except the present appellant Himmat Ram who suffered conviction for the offences punishable under Sections 302 and 450 IPC.
(3.) THE trial court recorded the conviction while relying upon the statements of PW -2 Harilal, PW -6 Pema, PW -10 Gomna and also upon the recovery of blood stained pant and a sword. The trial court also relied upon the scientific evidence as per which the sword recovered and the clothes of deceased persons were having human blood stains.;