MATHUR, J. - (1.) THIS appeal is directed to challenge the judgment and order dated 5.8.2006 passed by learned Additional Sessions Judge (Fast Track), Sirohi, convicting the accused appellant for the offences punishable under Sections 302, 341 and 323 Indian Penal Code and sentencing him as under: - u/S.302 IPC ­ Life imprisonment with fine of Rs.5000/ - and in default of payment of fine further to undergo six months additional rigorous imprisonment. u/S.323 IPC ­ One year's simple imprisonment. u/S.341 IPC ­ One month's simple imprisonment.
(2.) BRIEFLY stated, facts of the case are that on 6.3.2004 at about 11:35 PM, Station House Officer of Police Station Rohida Camp Mata Tekri, Ghanchianadi, reduced the statement of Shri Babu son of Pabuji in writing, according to that complainant Babu was 'Patel' of Gameti samaj of Ghanchianadi Bhula. Accused Amba son of Sangrama, resident of Ghanchianadi Bhula entered into wedlock with Kamla belonging to same 'gotra' as of accused Amba. The marriage within the same 'gotra' being prohibited, was not accepted by the society, thus, Amba was out casted and because of it he was keeping vengeance with Babu and his family. The day, being Holi festival, Babu paid visit to his sons and while returning to his own house at Borumbari Bhula at 09:00 PM, Amba son of Sangrama armed with Bow and Arrow and also a lathi, Khetia son of Dheera and Gokla Gameti resident of Doyatara intercepted him on way. The complainant was alleged to be responsible for out casting Amba and thereafter a lathi blow was given on his head by Amba. Hearing a call given by Babu, his three sons Nathia, Ramji and Jagga came towards the spot of occurrence to save Babu. Seeing them, Amba, Khetia and Gokla climbed on a hillock and threw stones towards them. Amba then shot arrow from bow that hit at the chest of Nathia. The accused persons immediately thereafter fled from the spot of occurrence. After some time Nathia died. On basis of the statement, a first information report was registered and investigation commenced. A police report was filed against accused Gokla and Khetia and the case was proceeded against accused Amba as per Section 299 Cr.P.C., he being absconding.
(3.) THE trial court framed charges against accused persons and on being denied the same, trial commenced as desired. Accused Gokla and Khetia came to be acquitted under a judgment dated 7.10.2004 passed by learned Additional Sessions Judge (Fast Track), Sirohi. After acquittal of accused Khetia and Gokla the present appellant was arrested and his case was committed to the court of Sessions. On 16.3.2005 a charge for commission of offence punishable under Sections 341, 323 and 302 Indian Penal Code was framed but the same was denied, hence trial commenced.;