ASHOK KUMAR MATHUR J. - (1.) THIS jail appeal is directed against the judgment of the learned Sessions Judge, Balotra dated 1 -11 -1975.
(2.) THE facts giving rise to this case are that on 22 -7 -1975 at 5 a.m. a complaint was filed by complainant Kachhaba s/o Veerma by caste Darji resident of village Khari at Police Station Gudamalani that on the previous day when he was cultivating his field one Dansingh of village Khari informed him that Nanga son of Gaga was beaten to death by Megha s/o Suja. Since Gaga father of the deceased was not at the house therefore Dansingh Information him that Gaga's wife has called him immediately. On this Kachhaba immediately rushed to the Dhani of Gaga and he found that deceased Nanga was lying on a coat. He was informed that the deceased was cultivating his field and he was belaboured by the accused Megha. This was seen by Pyari PW 3 and she shouted for help and at that time PW 1 Mst. Indra mother of the deceased and PW 2 Dhapu immediately reached at the scene of occurrence and seeing them the accused ran away from the scene of occurrence. On this information a case under Section 302, IPC was registered against Megha. The police took up investigation and the dead body of the deceased was immediately seized and sent for post mortem. The Doctor found as many as 18 injuries including lacerated and contusion wounds on the person of the deceased. The accused Megha was thereafter apprehended and after close of the investigation a challan under Section 302 IPC was filed against the accused. The accused faced the trial under section 302 IPC and the learned Sessions Judge, Balotra by his judgment dated 1 -11 -1975 convicted the accused under Section 302 IPC and sentenced him to imprisonment for life and a fine of Rs. 200/ - or in default of payment of fine to further suffer rigorous imprisonment for two months. Aggrieved against this the accused preferred this appeal from jail.
(3.) SINCE the accused was not represented by any counsel therefore the assistance of Amicus Curiae was made available to him and Mr. Anand Purohit was appointed as Amicus Curiae to assist the court.;