Jaishree Thakur, J. - (1.) THE present D.B. Criminal Appeal has been filed against the judgment dated 27.3.2010 passed by the learned Sessions Judge, Chittorgarh sentencing the appellant to life imprisonment under Section 302 Indian Penal Code along with a fine of Rs. 5000/ - and, in default of payment of fine, to further undergo one month's simple imprisonment.
(2.) BRIEF facts of the case are that a report was lodged by Bal Chand at Police Station, Rawatbhata to the effect that on the night of 23.5.2009 at about 9.30 p.m., the deceased Kalu Lal and he were returning at night after having dinner at the house of Ram Ratan Meena. Kalu Lal was ten steps ahead of him. As they approached the house of Daulat Ram Meena, Daulat Ram came out with an axe and hit Kalu Lal on his head two to three times, with the result his brother Kalu Lal fell down. At the same time, Gopal and Bhairu Lal who were walking behind them reached the spot. Kalu Lal was taken to the RAPP Hospital, Rawatbhata, where he died. It was stated in the report that Kalu Lal was demanding money from Daulat Ram and there had been altercation between both during the day. On the basis of this complaint, an FIR was lodged against appellant Daulat Ram. After investigation, charge -sheet was submitted and the case was committed to the court of Sessions. The appellant was charged for the offence under Section 302 of Indian Penal Code. In support of its case the prosecution examined PW -1 Bal Chand, PW -2 Gopal, PW -3 Kailash, PW -4 Vijay Singh, PW -5 Kamal Singh, PW -6 Usman Gani, PW -7 Deravar Singh, PW -8 Prem Singh, PW -9 Shiv Raj Singh, PW -10 Dan Singh and PW -11 Dr. Ummaid Singh. Exhibit P1 is written complaint, Exhibit P. 2 FIR, Exhibit P. 3 Fard Surathal Lash, Exhibit P. 4 Crime Details Form, Exhibit P. 5 Fard Panchnama Lash, Ex. P. 6, Ex. P. 7, Ex. P. 9 and Ex. P. 10 forms of property search and seizure, Ex. P. 8 recovery memo of axe, Ex. P. 11 and Ex. P. 12 letters of S.P. sent to FSL for examinations of various articles, Ex. P. 13 memo regarding handing over the dead body, Ex. P. 14 arrest memo of accused Daulat Ram, Ex. P. 15 memo of information given by accused u/s. 27 of the Evidence Act, Ex. P. 16 FSL Receipt, Ex. P. 17 and Ex. P. 18 letters of Gram Panchayat, Badodiya, Ex. P. 19 Post -mortem Report, Ex. P. 21 Register of seized stolen property and Ex. P. 21 FSL Report.
(3.) STATEMENT of appellant was recorded under Section 313 of the Code of Criminal Procedure. In defense, no evidence was produced by the appellant.;