SHAKTI DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEAVE granted.

(2.) CHALLENGE in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court upholding the conviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC'). The appellant was convicted by learned Addl. Sessions Judge, Parbatsar who sentenced him to undergo life imprisonment and to pay a fine of Rs.200/- with default stipulation.

(3.) A regular FIR was chalked on the basis of above report (Ex.P/21). Thereafter, the investigation was conducted by Ishwar Singh (PW-13). He recorded statements of the witness of the case. The accused was arrested through Arrest Memo Ex.P/4 in presence of the witnesses. After investigation, a charge sheet was presented in the Court of Judicial Magistrate, Nawa under Sections 302 and 323 IPC on 19.7.1999. Thereafter, the case was committed to the Court of Sessions for trial. The learned Addl. Sessions Judge, Parbatsar, after hearing both the sides on charge, framed charges under Section 302 and 323 of IPC on 16.12.1999. Accused denied the charges framed against him and claimed trial.