- (1.) BEING aggrieved by judgment dated 12.12.2012 passed by learned Additional Sessions Judge, Dungarpur in Sessions Case No.31/2011 this appeal is preferred.
(2.) THE accused -appellant by the judgment impugned has been convicted for the offence punishable under Section 302 I.P.C. and has been sentenced to undergo life term imprisonment with a fine of Rs.10,000/ -. He is further required to undergo two years' rigorous imprisonment in the event of default of payment of fine. Briefly stated, facts of the case are that on 21.2.2011 a written report was submitted by Shri Shankar Lal (PW -1) to Shri Ved Prakash (PW -17) at General Hospital, Dungarpur with assertion that on 20.2.2011 a dinner was organized on the eve of 'nata' of Pushpa D/o. Smt. Nanda. About 100 persons participated in the dinner, however, due to shortage of meals some altercation took place among the persons present and in the course of that a 'lathi' blow was given by the accused - appellant to Nand Lal. Nand Lal fell down and died on the spot.
(3.) ON the basis of information given, a case was registered for the offence punishable under Sections 302 read with 34 I.P.C. against the present appellant and one Roopsee and after regular investigation charge -sheet was filed before the competent court. The case was then committed to the Court of Sessions.;