PUSHPENDRA SINGH BHATI,J. - (1.) This criminal appeal preferred by the accused/appellant registers a challenge to the impugned judgment and order dated 24.06.2011 passed by the learned Additional Sessions Judge, Fast Track No.2, Udaipur in Sessions Case No.6/2011 (168/09), whereby the accused/appellant has been convicted as under: For offence under Section 302 IPC: Life imprisonment alongwith a fine of Rs.1000/-, in default of payment of which, the accused/appellant to further undergo simple imprisonment for a period of one month. For offence under Section 201 IPC: Five years' rigorous imprisonment alongwith a fine of Rs.1000/-, in default of payment of which, the accused/appellant to further undergo, imprisonment for a period of one month.
(2.) The fascicule of facts, indispensable and germane to comprehend the backdrop of the prosecution, based whereupon the prosecution was set in motion and present arraignment has been made, has its genesis and origin to the incident causing the death of Laxman, being traceable thereto.
(3.) The prosecution case unfolds with an oral information given by one Narayan Lal on 17.06.2009, at about 11:00 a.m., to the effect that on the same day, at about 06:00 a.m., when he was going through his agricultural field to the house of his brother, Poona, he found that near Kagliya Wali Magri, a person was lying dead. Narayan Lal stated that he went straightway to his father, Varda and told him about the dead body, whereupon Varda alongwith the Sarpanch, Hakra Charpota, Pancha Ram Dodiyar, Amardas etc. came to the site and found that the dead body was of Laxman son of Jeevaji Charpota.;