- (1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Nathdwara dated 20 th May 2006 in Sessions Case No.16/05 whereby the accusedappellant Kesu Lal has been convicted under section 302 IPC and sentenced for life imprisonment alongwith fine of Rs.5000/ - and in default thereof to undergo further imprisonment for two years.
(2.) THE facts of the case, briefly stated, are that FIR was lodged on 07.07.2005 at the Police Station Khamnor on the statement of Shanker Lal that on 06.07.2005 at 11PM in the night he along with his family was sleeping at his home. He suddenly woke up on hearing loud noise near his house. When he went out side his house, he saw that Kesu Lal was repeatedly inflicting axe blows on Naru Gameti and also abusing him. Shanker Lal raised alarm but no one came there. Naru fell down and presuming him to be dead Kesu Lal ran away. Thereafter the mother and wife of Naru came there who returned to their home after seeing him dead. The people from neighbourhood also came and saw dead body of Naru. In the morning the complainant Shanker Lal saw that there were big wounds caused by axe on the body. The motive of murder was stated to be old enmity and it was also stated that he could not report the matter in the night because of unavailability of conveyance.
(3.) UPON this report made at the Police Station Khamnor, FIR No.83/2005 (Ex.P38) was registered for offences under sections 302 and 201 IPC. After investigation, the accusedappellant was charged for offences punishable under sections 302, 201 and 504 IPC. The accused -appellant denied the charges and sought trial. The prosecution examined 20 witnesses, namely PW1 Daulat Ram, PW2 Heera Lal, PW3 Shanker Lal, PW4 Sohan Singh, PW5 Bhanwra Gameti, PW6 Chain Singh, PW7 Sudhir Jain, PW8 Manohar Lal, PW9 Man Singh, PW10 Rateesh Kumar, PW11 Logar, PW12 Dhapu, PW13 Tulsi, PW14 Bhagga, PW15 Lakuda, PW16 Dr Jeevan Prakash, PW17 Sajjan Singh, PW18 Kewal Chand, PW19 Ratan Lal and PW20 Shyam Singh and documents Exhibits P1 to P41 were also produced in evidence.;