Shiv Kumar Sharma, J. - (1.) The appellant Mohan Lal was the accused in Sessions case No. 342 of 1992 on the file of the Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Cases) Kota. He was found guilty Under section 302 Indian Penal Code convicted there under and sentenced to imprisonment for life and fine of Rs. 250 (in default to further undergo sentence of 3 months rigorous imprisonment).
(2.) Aggrieved by the conviction and sentence the present action for filing the appeal has been resorted to.
(3.) Brief facts are:- (i) On 13.12.1990 at about 8.00 a.m. informant Sohan Lal, lodged a written report with the Police Station Modak, Distt. Kota against the appellant stating therein that in the morning around 7.00 a.m. he and Laxminarain, son of his uncle Heera Lal, were sitting and gossiping in the room. Thereafter Laxminarain had gone out of his room and was wandering in front of the room of his brother Mohan Lal, suddenly his brother Mohan Lal opened fire with the gun and killed Laxminarain. Dead body of Laxminarain was lying in the house; he sustained gun shot injury on his right hand. In the preceding night there was a quarrel and marr-peet between Laxminarain and Mohan Lal and Laxmi Narain had slept in the room of the informant. Besides him, Bhanwar Bai, Shanti Bai and Durga Shanker Sharma were present when the occurrence took place. (ii) A case Under section 302 Indian Penal Code was registered against the accused appellant and investigation commenced. (iii) Charge-sheet Under section 302 Indian Penal Code was filed and case was committed in the Court of Sessions Judge, Kota which was ultimately tried by Judge Scheduled Caste and Scheduled Tribes (Prevention of Atrocities Cases), Kota. (iv) Charge Under section 302 Indian Penal Code was framed against the accused appellant, who denied charges and claimed trial. (v) The prosecution examined as many as 17 witnesses in support of its case and produced 20 documents. Thereafter statement of accused appellant was recorded Under section 313 Criminal Procedure Code On behalf accused appellant no defence witness was produced. (vi) The learned trial Court relying the prosecution witnesses, recorded the conviction and sentence indicated here in above.;