- (1.) Heard the learned counsel for the accused-appellant Kesra Gameti (Bheel) as well as learned Public Prosecutor.
(2.) Present appeal under sec.374 (2) CrPC is directed against the judgment dated 20 th October 2008 passed by learned Additional Sessions Judge (Fast Track), Abu Road (Sirohi) in Sessions Case No.26/2008, convicting the present accused-appellant Kesra for offence punishable under sec.304 Part-II IPC and sentencing him to undergo seven years' simple imprisonment along with fine of Rs.2000/-, in default of payment whereof to further undergo six months' simple imprisonment.
(3.) The concise facts of the case are that on 10.06.2007, PW1 Gatiya has submitted report (Ex.P1) at Police Station, Rohida, inter alia, alleging that on the previous day he was at his home and at 7-7:30PM he heard cries of his elder brother Nona that Kesra beated him, who run on the side of pavement throughout house of Nona, he attacked on the head of Nona and due to that, Nona fell down and died. On the basis of above report (Ex.P1), FIR No.50/2007 (Ex.P16) was registered.;