- (1.) IN the instant case, appellant, Nimiya @ Nemichand, was tried by the Court of Additional District & Sessions Judge (Fast Track), Jhalawar for causing murder of one Narayan Singh S/o Raghunath Singh (PW -2) on 26.09.2005 in the revenue estate of Moja Nadiya khedi.
(2.) THE trial Judge, vide its impugned judgment dated 22.07.2006, held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code, and vide a separate order of even date, sentenced him to undergo life imprisonment and to pay a fine of Rs.1000/ -. In default of payment of fine to further undergo one year additional imprisonment.
(3.) IN the present case, appellant, Nimiya @ Nemichand, has caused death of one Narayan Singh by firing a gun shot. The trial Judge also held the appellant guilty for commission of offence punishable under Section 3/25 of the Arms Act, and vide a separate order of even date, sentenced him to undergo one year rigorous imprisonment and to pay a fine of Rs.200/ -. In default of payment of fine to further undergo three months additional imprisonment. Both the sentences were ordered to run concurrently. Aggrieved against the judgment of conviction and order of sentence pronounced by the trial Court, appellant, Nimiya @ Nemichand, has instituted the present appeal under Section 374 of Code of Criminal Procedure, 1973.;