VIVEK KALRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment dated 25.10.2004 of the Rajasthan High Court, Jaipur Bench, in D.B. Criminal Appeal No. 602 of 2002, maintaining the conviction of the appellant under Section 302 of the Indian Penal Code, 1860, (for short 'the IPC') and the sentence of life imprisonment and fine of Rs.1,000/- for the offence.

(2.) The facts very briefly are that on 08.06.1997 at about 8.30 a.m., one Lal Singh, who was running a tea shop at By-pass Road, Sedariya Tiraha, lodged an FIR with Police Station Adarsh Nagar, Ajmer. In the FIR, he stated that at about 8.00 a.m. on 08.06.1997 one truck driver told him that ahead of Shantinath Dharm Kanta, on the wall of pulia (small bridge) one boy has been murdered and laid down and he went there to see and found that one boy, aged about 13-14 years, was lying dead in a pool of blood and several persons have gathered there. The police registered a case under Section 302, IPC, and after investigation, the police filed a charge-sheet against the appellant under Section 302, IPC.

(3.) At the trial, the prosecution did not examine any eye- witness to the murder of the deceased, but produced circumstantial evidence to establish that the appellant had committed the murder of the deceased and the trial court convicted the appellant. On appeal, the High Court held in the impugned judgment that after the death of his father the appellant was living with his uncle, Gurcharan Kalra, and there was a fixed deposit in his name of Rs.80,000/-, but as Gurcharan Kalra decided to utilize the fixed deposit only at the time of marriage of the appellant, in order to take revenge, the appellant purchased a dantli, took Ankit Kalra, the son of Gurcharan Kalra, in a Scooter on the evening of 07.06.1997 to get a cassette, and committed the murder of Ankit Kalra, left the scene of incident, reached Jaipur and got himself admitted to a hospital there on 08.06.1997 for treatment saying that he has met with an accident.