- (1.) In this criminal appeal filed under Section 374 (2) Cr.P.C., the accused appellant has assailed the validity of judgment dated 03rd of November 2015 passed by learned Sessions Judge, Jalore in Session Case No. 38/2012, whereby the accused appellant was convicted for offence under Section 302 of IPC and sentence of life imprisonment along with fine of Rs.1000/- was imposed against him with default stipulation to further undergo three months' additional simple imprisonment.
(2.) Succinctly stated, the facts of the case are that on 01.07.2012, a written complaint (Ex.P/17) was submitted by complainant, Mohan Lal (PW.6) to the effect that mother of complainant had already expired 12-13 years back and they are five brothers and he is eldest one amongst other brothers namely, Nainaram, Pakaram, Jakia and Popat. Except he and his brother, namely, Jakia, his other brothers are bachelor and two brothers, namely, Jakia and Pakaram are serving in a hotel at Mumbai for last 12 months. As per complainant, he is living upon the Well of one Bhabhut Singh along with his children and in the house at Komta, his father and two brothers, namely, Nainaram and Pakaram are residing. The complainant further stated that today in the morning at 6'O clock he received a phone call from his brother, Popat that his father is not feeling well, therefore, he should come immediately.
(3.) Upon receiving the aforesaid information, the complainant wile hiring a vehicle reached at his village Komta at 07.30 AM and saw that dead body of his father was lying in the house. His brother- Popat who was standing there informed that another brother Nainaram, inflicted injury by axe and caused death of their father. His brother, Popat specifically said that Nainaram caused injury upon the neck of deceased. Thus by way of submitting complaint, the complainant prayed for taking action against the accused appellant- Nainaram.;