Narendra Kumar Jain-II, J. - (1.) Heard the learned Amicus Curiae for the appellant as well as learned Public Prosecutor.
(2.) This jail appeal, registered under Section 383 Cr.P.C., is preferred to question the correctness of the judgment dated 4-9-2004 passed by the learned Additional Sessions Judge, Fast Track, Dungarpur in Sessions Case No. 14 of 2004, State v. Mohan , convicting the accused-appellant - Mohan S/o Lalji Koted Meena, r/o Deval Pal Phala Kandla for the offence punishable under Sections 302 and 323 I.P.C. and sentenced him for offence under Section 302 I.P.C. to undergo life imprisonment, along with fine of Rs. 5000/-, in default of payment whereof to further undergo one year's imprisonment and for offence under Section 323 I.P.C. - to undergo one year's rigorous imprisonment, along with fine of Rs. 1000/-, in default of payment whereof to further undergo 3 month's simple imprisonment while acquitting him from offence under Section 341 I.P.C.
(3.) In brief, the facts of the case, as per statement of PW-2 Prakash S/o Nathu Ninama (injured), are that on 2.12.2003 Prakash left his house for proceeding to Ahmedabad for doing labour but at Kherwada Raju S/o Mohan Koted met him, who proposed that both will go to Ahmedabad tomorrow morning and today, Prakash should accompany to his house. In the morning of 3.12.2003, they left for going to Ahmedabad but Raju made him wandering in the town of Kherwada and again brought back to his house. In the evening, Shanti - brother of Prakash, upon coming to know that he has not gone to Ahmedabad and is staying at Raju Koted's house, came at Raju's house to bring him along back to home.;