DR.PUSHPENDRA SINGH BHATI,J. - (1.) In this appeal under Section 374(2) of the Code of Criminal Procedure, the assailment is to the defensibility and legal validity of the judgment and order dated 04.07.2015 passed by learned Additional Sessions Judge, Salumber, District Udaipur in Sessions Case No.36/2012, convicting and sentencing the accused/appellant as under:- Under Section 302 IPC Life imprisonment and a fine of Rs.1000/-, in default of payment of fine, to further undergo One year's S.I. Under Section 398 IPC Seven years' R.I. and a fine of Rs. 1000/-, in default of payment of fine, to further undergo One year's S.I. Section 4/25 of Arms Act Three months' R.I. All the substantive sentences were ordered to run concurrently.
(2.) Filtering the unnecessary details, the prosecution case, as unfurled, is that one Mahaveer Kumar Jain filed a written report on 26.01.2011 alleging therein that on 26.01.2011 itself, his nephew Vishal Kikawat has been attacked by an unknown person with a sharp-edged weapon, while he was closing his shop at about 8:00 p.m. and was entering his residence; as a result whereof, Vishal Kikawat suffered serious injuries in chest and thighs. On hearing the commotion, the neighbours, namely, Luv Kumar, Kush Kumar, Lokesh and others came running, whereupon, the assailant left a toy pistol and a knife cover at the spot, and those persons saw the assailant running away. Thereafter, Vishal was taken to Rishabhdev Hospital, and being seriously injured, was referred to Udaipur M.B. Hospital, where he succumbed to the injuries. On such report, the Police Station, Rishabhdev registered an FIR bearing No.59/2011 under Section 302 IPC, whereafter, the police commenced with the investigation. After thorough investigation, charge-sheet was submitted before the learned Additional Chief Judicial Magistrate, Kherwada against the accused/appellant for the offences under Sections 302, 397 and 398 of IPC read with Section 4/25 of the Arms Act, whereafter accused/appellant- Dharmesh @ Dharmendra was put to trial, after the case having been committed to the learned Sessions Court.
(3.) The prosecution produced 27 witnesses and 94 exhibits. In course of his examination under Section 313 Cr.P.C., the present accused/appellant having denied the imputations and alleged his false implication, thereby pleaded 'not guilty', he was made to stand the trial. However, the accused/appellant did not prefer any evidence in his defence. Accordingly, the trial commenced. ;