- (1.) BY the judgment dated 06.02.2009 passed by the learned Additional District & Sessions Judge (Fast Track), No.3, Udaipur, Camp Salumbar in Sessions Case No.61/2008, appellant -accused Phula has been found guilty of inflicting grievous hurt whilst committing lurking house trespass and committing the murder of Narsingh Khatik and has been convicted and sentenced as under: -
(2.) BOTH the sentence were ordered to run concurrently.
(3.) THE appellant -accused has preferred this jail appeal against the impugned judgment of conviction and order of sentence which was admitted for hearing vide order dated 06.04.2009 and the record of the learned trial court was called for. The brief facts of the case giving rise to the present case are that on 20.07.2008, Babulal (PW -5) gave oral information (Ex.P/7) that on that day he was at his bara then at about 10.00 p.m., he was asked to come to home on telephone from his wife on which he reached his home at about 10.30 p.m. in the night. On reaching his home, his wife told that Phula, after inflicting axe blows on his son Kiran, ran away and Kavaram and Mukesh have taken Kiran to the hospital.;