- (1.) This criminal appeal preferred by appellant Keshia S/o Saja Gamer is directed against the judgment of conviction and order of sentence dated 06.08.2003 passed by the learned Additional District and Sessions Judge (Fast Track), Udaipur in Sessions Case No. 143/2002, whereby the appellant was convicted under Section 302 IPC and sentenced to undergo life term imprisonment alongwith a fine of Rs.1,000/- and in default of payment of fine, further to undergo rigorous imprisonment of three months.
(2.) The brief facts of the case are that complainant Meetha Lal submitted an oral report on 20.07.2002 at 7.00 a.m. at Police Station Mandwa, District Udaipur to the effect that on 19.07.2002 on the eve of the marriage of daughter of Khema, the complainant and his brother Lachia were there. Many other persons were also there. They were dancing in the process. In the evening at about 5.00 p.m. Keshia came with a lathi in his hand and began to beat Lachia, the brother of the complainant, with lathi, due to which Lachia fell down. He was given lathi blows on stomach and back by accused Keshia. Accused Keshia was in drunken condition. In the meantime, Meghla came with Teer Kamthi and shot one teer at Raju. During the beating, Lachia died on the spot. The accused persons ran away. During the incident, Smt. Mani and Mugli, sisters of the complainant, were present at the spot. Bhabhi of the complainant, Smt. Bhugli also received one stone injury.
(3.) On the basis of the above report, FIR No. 45/2002 was registered for the offence under Section 302 and 307 IPC and the investigation commenced. After usual investigation, charge-sheet was filed in the Court of Munsif and Judicial Magistrate, Kotda against accused-appellant Keshia and another accused Meghla under Section 302/34 IPC. Since the offence was exclusively triable by Court of Sessions, the case was committed to the Court of Sessions Judge, Udaipur. The case was ultimately transferred to the Court of Additional District and Sessions Judge (Fast Track), Udaipur for trial.;