SHIV KUMAR SHARMA, J. - (1.) THE accused appellant Kaliya has preferred this Criminal Appeal from the Central Jail, Kota against the judgment dated 15th of Jan., 2001 passed by the Sessions Judge, Baran thereby convicting him for offence under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life with a fine of Rs. 5,000/-, in default thereof to further undergo rigorous imprisonment for one year.
(2.) A First Information Report dated 28.01.2000 was registered at Police Station Baran Sadar, District Baran on the basis of Parcha Bayan of one Modu Lal son of Shri Ramnath by Caste Sahariya resident of Gram Raroti recorded at Government Hospital, Baran. In this Parcha Bayan, Modu Lal has stated that on the preceding night of 27.01.2000 at about 8.00 P.M., he himself, Sukh Lal Gujar, Heera Lal Sahariya and Jagannath Sahariya were sitting at "Chabutara of Mata Ji". Suddenly, the accused appellant Kaliya son of Shri Ghasi Lal Sahariya having a "lathi" in his hand came there and started abusing Modu Lal. When Modu Lal wanted to leave the place, the accused appellant Kaliya inflicted a lathi blow on his head. Brothers of the complainant Modu Lal namely Bajrang Lal, Jagannath and Heera Lal Sahariya were also present at that time and they were eye-witnesses of the incident. Since it was already too late in the night, therefore, his father Ram Nath brought him to the hospital for treatment in the morning of next day. On the basis of the said Parcha Bayan, the police registered a First Information Report bearing No. 21/2000 for offences under Sections 323, 341, 504 IPC and commenced investigation. During the course of investigation, Modu Lal succumbed to the injuries on 30.01.2000. Therefore, the police also added the offence under Section 302 IPC to already ongoing investigation and finally submitted a charge-sheet against the accused appellant on 26.02.2000 for offences under Sections 302, 341, 504 IPC. In support of their case, the prosecution has examined as many as nine witnesses and exhibited ten documents. In the statement of the accused appellant recorded under Section 313 Criminal Procedure Code (hereinafter referred to as 'the Cr.P.C'), he has denied all the charges levelled against him and stated that he has been falsely implicated in the case due to personal rivalry. In his defence, the accused appellant has not produced any witness and only exhibited the police statements of PW2 Jagannath and PW5 Sukh Lal.
(3.) THIS Court vide order dated 01.05.2006 appointed learned Counsel Mr. Amit Punia as Amicus Curiae to represent the accused appellant, who has ably assisted the Court.;