RAJU ALIAS RAJKUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment impugned dated 10.9.2003, learned Additional Sessions Judge (Fast Track), Hanumangarh convicted the accused appellant for the offences punishable under Sections 302 and 201 Indian Penal Code and sentenced as under:- U/s.302 IPC : Imprisonment for life with a fine of Rs.1000/- and in default of payment of fine to further undergo one month's rigorous imprisonment. U/s.201 IPC : Seven years' rigorous imprisonment with a fine of Rs.1000/- and in default of payment of fine to further undergo one month's rigorous imprisonment.

(2.) The factual matrix necessary to be noticed for adjudication of present appeal is that a telephonic information regarding killing of Vinod Kumar Jat by Raju Punia was received at police station Goluwala at 01:00 PM on 28.11.2002. The information aforesaid was recorded in daily diary and a police team led by Station House Officer Kailash Dan proceeded for the spot of occurrence. At the spot, a written report was submitted by PW-5 Prakash Chandra with assertion that at 08:00 PM in the night of 27.11.2002, Raju son of Ratiram Punia came to his house with whom his son Vinod went out. While going out, informant Prakash Chandra instructed his son to return expeditiously. However, looking to the fact that Vinod did not return upto 10:00 PM, informant Prakash Chandra alongwith his two brothers made search of Vinod in village and while doing so Omprakash son of Surjaram and Rajendra son of Puranram informed that Vinod and Raju Punia were quarreling and during that quarrel Raju Punia stated that he will kill and burn Vinod. In next morning, Dhannaram Khati and Banwarilal Jat came to the informant and stated that Raju Punia came to them and confessed that he has murdered Vinod, burnt the dead body and burried the same in a trench behind his house. On getting this information the informant, his brothers and several other villagers went to the spot, whereon after removing freshly poured soil, they found burned dead body of a person, identified as Vinod.

(3.) Acting upon the report aforesaid, a case under Section 302 and 201 IPC was registered, regular investigation was made, a charge sheet was filed and the case was committed to the court of Sessions being exclusively triable by it. The trial court framed charges against the accused appellant for commission of offences punishable under Sections 302 and 201 IPC and on denial of the same accused was tried.