Narendra Jain, J. - (1.) Heard the learned counsel for the accused-appellant as well as learned Public Prosecutor for the State.
(2.) This Jail appeal, registered under Section 383 Cr.P.C., is preferred to, question the correctness of the judgment dated 18.11.2004 passed by the learned Additional Sessions Judge, Fast Track No. 1, Udaipur in Sessions Case No. 82 of 2004, State v. Meerkha @ Masroo convicting the accused appellant Meerkha @ Masroo S/o Karma Gamar, R/o Deri, P.S. Kotda, District-Udaiur for the offence punishable under Section 302 I.P.C. as also under Section 4/25 of the Arms Act and sentenced him as follows: Under Section 302 I.P.C. : to undergo life imprisonment, along with fine of Rs.2000/-, in default of payment whereof to further undergo 02 months simple imprisonment, Under Section 4/25 of Arms Act : to undergo 02 years rigorous imprisonment, along with fine of Rs.1000/- in default of payment thereof to undergo further one month's simple imprisonment. Both the above sentences were ordered to run concurrently. The period of confinement of accused-appellant under Police Custody and Judicial Custody was ordered to be adjusted in the period of sentence as per provisions of Section 428 Cr.P.C.
(3.) In brief, the facts of the case are that on 30.5.2004 at 10:15 A.M. Chikla, complainant Smt. Jhamku (PW-7) wife of Saja Dabi lodged an oral information (Parcha Bayaan) (Ex.P-14), inter alia, stating that about two years ago on account of quarrel between her family and Meera in respect of theft of Ox, her husband Saja and her brother-in-law (dewar) Naniya went to Gujarat along with their family, where they started farming and labour. The day before, during the day she and her husband Saja came from Gujarat to her brothers in her paternal village Deri, where they stayed in the night.;