RAM KALYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal challenging the legality and correctness of the order dated 26-3-1998 passed by the learned single Judge of the Rajasthan High Court : Jodhpur in S.B. Criminal Appeal No. 69/1982.

(3.) The appellant was prosecuted for the offences under Sections 302, 201 and 379 of the Indian Penal Code alleging that the appellant had stolen the ornaments and other articles, murdered one Nandu by strangulation and destroyed the evidence of murder by throwing the dead body into the well. He denied the charges. The prosecution in support of its case examined as many as 19 witnesses. The appellant was examined under the provisions of Section 313, Cr.P.C. He did not choose to produce any defence witness. The learned Sessions Judge, Bhilwara (Rajasthan) having elaborately considered the evidence, did not find the appellant guilty beyond any doubt under Sections 302, and 201 , IPC. However the appellant was found guilty under Section 411 of IPC. Hence the appellant was convicted for the said offence. After hearing, he was sentenced to undergo rigorous imprisonment for two years and to pay the fine of Rs. 500/-. Aggrieved by the said order of conviction and sentence, the appellant filed S.B. Criminal Appeal No. 69/1982 in the High Court of Rajasthan. The learned single Judge of the High Court dismissed the appeal by the impugned order.