Prakash Tatia, J.—This Criminal Jail Appeal is against the judgment and order dt. 11.03.2003 passed by the learned Addl. Sessions Judge (Fast Track), Banswara in Sessions Case No.141/2002, whereby the learned Sessions Judge convicted the appellants Naku S/o Punja, by-caste Bheel and Smt. Shyama W/o Naku under Secs. 302 and 302/34, I.P.C. respectively and sentenced both the accused for life imprisonment with fine of Rs.1000/- and in default thereof, to undergo one month’s rigorous imprisonment.

2. As per the prosecution, on 15.04.2002, at about 12.30 a.m., one Naniya S/o Onkar submitted an oral report which was recorded and produced in the Court as Ex.P.18 that at about 9.30 p.m. Kanji S/o Bijiya, Jeewana S/o Bijiya and Prabhu S/o Bariya came to his house and told him that Bhanaji S/o Vithhala has been killed by accused Naku and his wife Smt. Shyama. On this information, the complainant Naniya along with other villagers went to the house of Bhanaji where he found that Bhanaji is lying dead in the outer portion of his house. The complainant and other villagers found that Bhanaji had injuries in his chest which according to them was caused by sharp edged weapon and he was bleeding. T

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