ANUP SINGH @ ANUP KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under section 374 Crimial P.C. has been filed by the accused-appellant Anup Singh against the judgment of conviction and order of sentence dated 24th Sept., 2004 passed by the learned Additional Sessions Judge (Fast Track) No.1, Jhunjhunu in Sessions case No.41/2002 (46/2002) (32/2001) whereby the accused-appellant has been convicted for the offence under section 302 Penal Code and sentenced to imprisonment for life and a fine of Rs. 5,000.00, in default of payment of fine to further undergo one year rigorous imprisonment.

(2.) Briefly stated the facts giving rise to the present appeal are that on 27th Aug., 2000 Inderaj Singh (PW-1), complainant, gave a written report (Ex.P-1) on the spot to Chhagan Lal (PW-24), SHO Police Station Kotwali, Jhunjhunu. It was, inter-alia, stated in the report that on 24.8.2000 at about 7.30 a.m. his son Vikas aged about 16 years student of class XII in St. Vinoba School had gone to school did not return home till evening, therefore, a search was made in the colony but he could not be traced. On 27.8.2000 his dead-body was found lying on a hill and his hands and legs were tied. It is further stated that some one might have killed his son out of enmity and thrown his dead-body on the hill. It is also stated that dead-body has been identified by him. It is also stated that he has all the doubt that his son has been done to death by Anup Singh son of Shrichand by caste Jat Resident of village Kithana. The above report was sent for registering a case in the police station through constable no.685 Prahlad Singh at the police station Kotwali.

(3.) On the basis of above report, FIR no.211/2000 under section 302 Penal Code was registered and investigation commenced. The accused-appellant was arrested during the course of investigation vide arrest memo Ex.P-12 on 25.10.2000 i.e. nearly after two months of registering the case in the police station. After his arrest, the accused-appellant made disclosure statement Ex.P-25 on 28.10.2000 at 9.00 a.m. In the disclosure statement he stated that he had kept one school dress of St. Vinoba School in a room of his house. In pursuance of the disclosure statement (Ex.P-25), recovery was made on the very same day vide Ex.P-9 in the presence of Jagdish (PW-3) and Ramjilal (PW-12). It is significant to mention here that the dress recovered had already been washed. Another disclosure statement (Ex.P-26) was made by the accused on 28.10.2000 at 9.30 am. In the disclosure statement accused stated that on 24.8.2000 he along with deceased Vikas consumed beer and namkin in the noon on Eastern side of 'Kanha hill' near a neem tree. The empty bottles of beer, empty pouches of namkin and the shoe laces of the deceased which he had thrown there be recovered as he was prepared to get these articles recovered. On the basis of above disclosure statement, recovery was made vide memo Ex.P-14 in the presence of Ramjilal (PW-12) and Jagdish (PW-3). The post-mortem on the dead-body was conducted by Dr. J.P. Bugaliya (PW-14) on 28.8.2000. In the opinion of the doctor, the cause of death was ante-mortem injuries found on the body, coma due to injury to brain and shock due to cumulative effect of all injuries particularly injuries on chest, face and skull. The post-mortem report (Ex.P-17) was prepared by him. The clothes and other articles seized were sent to the FSL, Jaipur for examination and the FSL report (Ex.P-38) and 39 were received. It appears from the FSL report that on the clothes etc. human blood was found. The blood group could not be determined. After completion of investigation, charge-sheet was filed before the Magistrate who committed the case to the court of sessions and the case ultimately came for trial before Additional Sessions Judge (Fast Track) No.1, Jhunjhunu who framed charge against the accused for the offence under section 302 Penal Code on 20.4.2002 to which the accused denied and claimed trial.