Hon'ble Mathur, J. - (1.) IN view of the fact that earlier appointed amicus curiae is not in position to assist the Court in the matter, we appointed Shri Birbal Saran as an amicus curiae. He, after going through the entire record, has assisted the Court.
(2.) THE judgment impugned is dated 4.7.2005, passed by learned Additional Sessions Judge (Fast Track) No.1, Bhilwara in Sessions Case No.78/2004, convicting the accused appellant for an offence punishable under Section 302 Indian Penal Code, and awarding sentence for life term with a fine of Rs.2000/ -. In brief, facts of the case are that on 29.6.2003 a written report was submitted by one Shri Mahavir Prasad Kumhar to the Station House Officer, Pander at 06:10 PM with assertion that his younger brother Sanwarlal Kumhar and Lalaram Kumhar went to Shahpura from their village to purchase some domestic goods. While returning they stayed to drink water at their agricultural land close to the road of village Kadisahna, where accused Ramlal son of Bhuju Kumhar came and gave an axe blow on the head and neck of Sanwarlal. Lalaram, Bheru Kumhar and Chauthmal Balai witnessed the incident. Sanwarlal then was taken to the hospital for treatment, where he died.
(3.) ON basis of the report aforesaid a criminal case was lodged and regular investigation commenced for an offence punishable under Section 302 Indian Penal Code. The investigating agency after concluding the investigation submitted its report to the competent court.;