- (1.) BY judgment impugned dated 19.12.2008, learned Additional Sessions Judge (Fast Track), Balotara Camp Barmer, recorded conviction and awarded sentence to the accused appellant for the charges relating to the offences punishable under Sections 449, 302 Indian Penal Code and Section 4/25 Indian Arms Act, as under: - - "u/S. 449 IPC - Ten years' rigorous imprisonment with a fine of Rs. 100/ - and in default of payment of fine further to undergo seven days simple imprisonment. u/S. 302 IPC - Life term imprisonment with a fine of Rs. 500/ - and default of payment of fine further to undergo one month's simple imprisonment. u/S. 4/25 Arms Act - One year's simple imprisonment with a fine of Rs. 100/ - and in default of payment of fine further to undergo seven days simple imprisonment."
(2.) TO question correctness of the conviction recorded and sentence awarded this appeal is preferred. In brief, facts of the case are that on 24.8.2007 at 09:20 AM Shri Kump Singh son of Ran Singh submitted a written report (Ex.P/8) to a police team of Police Station Shiv with assertion that his uncle (Mausa) Shri Amar Singh, resident of village Dangri, came to his house to participate on the occasion of 'Sagai'. In night Kump Singh and Amar Singh both were sleeping outside the room and Smt. Sayar Kanwar (mother of Kump Singh), Shanti (sister of Kump Singh), Durjan Singh and other children were sleeping in the court yard. At about 01:30 AM, Chandan Singh son of Bhanwar Singh, resident of Nagarda armed with an open sword came there and gave a blow from that to Amar Singh, causing his death. Kump Singh hearing screams of Amar Singh awakened and witnessed the entire incident. Smt. Shanti and Sayar Kanwar who were sleeping in court yard too witnessed the incident. Chandan Singh after giving sword blow fled from the spot. Chandan Singh was keeping vengeance with Amar Singh due to some land dispute.
(3.) ON basis of the information a case for the offences punishable under Sections 449 and 302 Indian Penal Code was registered and the investigating agency after completing the investigation filed a police report before the court of learned Judicial Magistrate First Class, Barmer charging the accused appellant for commission of offences punishable under Sections 449 and 302 Indian Penal Code and also for an offence punishable under Section 4/25 Indian Arms Act. The case being sessions triable was committed to the court of Sessions and the court of Sessions after providing an opportunity of hearing to the accused framed charges for commission of offences punishable under Sections 449 and 302 Indian Penal Code and 4/25 Indian Arms Act. On denial of the same trial commenced as desired.;