- (1.) This criminal appeal preferred by appellant Shankaria S/o Sawa is directed against the judgment of conviction and order of sentence dated 30.09.2005 passed by the learned Additional District and Sessions Judge (Fast Track), Jalore, Camp Bhinmal in Sessions Case No. 82/2004 (44/2004), whereby the appellant was convicted under Section 302 IPC and 27 of the Arms Act and sentenced as under :- Section 302 IPC : Imprisonment for life and a fine of Rs.1000/- and in default of payment of fine, further to undergo two months' simple imprisonment.
(2.) Section 27 of the Arms Act : Three years' rigorous imprisonment and a fine of Rs.1000/- and in default of payment of fine, further to undergo two months' simple imprisonment. Further, both the sentences were ordered to run concurrently.
(3.) In brief, the facts of the case are that complainant Vagta Ram submitted a report to S.I. Prem Singh of Police Station Modra on 03.08.2004 at about 9.30 a.m. alleging inter alia that his brother Lakh Singh was a labourer and on the previous day, i.e. on 02.08.2004, he went to his work and left his house at 7.00 a.m., but did not turn up till late night. On 03.08.2004 at around 7.00-7.30 a.m. Pahar Singh and Amar Singh called the complainant and took him near Nadi and told him that dead body of Lakh Singh is lying nearby. The complainant saw the dead body of Lakh Singh and found injury of firearm. The complainant suspected that Shankaria has killed his brother.;