KANTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal appeal , the present appellant Kanti Lal s/o Roopa, by caste Pargi Meena , r/o Modri, seeks to challenge the judgment and order dated 24.01.04, passed by the learned Addl.District & Sessions Judge (Fast Track) No.1, Dungarpur in Sessions Case No.94/2003, by which the learned trial court held the accused appellant guilty for commission of offence under section 302 and 201 of Indian Penal Code and sentenced him as under:- For the commission of offence under section 302 IPC sentenced to life imprisonment and a fine of Rs.1,000/- and in default of payment of fine, to further undergo one year's simple imprisonment and for the commission of offence under section 201 IPC, sentenced to three years' rigorous imprisonment and a fine of Rs.200/-, and in default of payment of fine, to further undergo one month's simple imprisonment. The facts necessary for the disposal of this appeal, as presented by the prosecution during the course of trial, may briefly be set out at this stage. On 08.04.03 at 10.00 AM, Badami Lal lodged a written report at police station Chitri, to the effect that he was at Jasaila Panchayat Bhawan and there, Mohan Bhai , Ward Panch, and Lalu Bhai , Ward Panh and Waga came and told him that at the boundary line of Chikhli , a dead body of an unknown person was lying. On this information he, along with one another person Bhura, went on the site ,where a blood stained dead body was lying in a pit. It's face was burnt and a bag was also lying nearby. There was a way near the dead body, which went from Rolio to Modri and blood was also seen on that way. On the road side, a white 'dhoti' and a pair of 'chappal' were also lying.

(2.) On the basis of that first information report, a criminal case No.66/2003 under section 302 and 201 IPC was registered and the investigation commenced. During the course of investigation, the statements of the witnesses were recorded. After snapping photographs of the dead body, the body was cremated. The accused was arrested and in pursuance to the information recorded under section 27 of the Indian Evidence Act, blood stained half-pant and a stick were recovered at the instance of the accused. Later on, the dead body was found to be that of deceased Chunia. After the usual investigation, a charge sheet under section 302 and 201 IPC was filed in the court of Addl.Chief Judicial Magistrate, Sagwara, from where the case was committed to the court of Sessions for trial and ultimately, transferred to the court of Addl. District and Sessions Judge ( Fast Track No.1), Dungarpur, for trial. The learned trial court charged the accused appellant Kanti Lal for the commission of offence under section 302 and 201 IPC and the accused did not plead guilty to the charges and claimed to be tried.

(3.) The prosecution examined as many as 18 witnesses, namely, PW/1 Mohan, PW/2 Badami Lal, PW/3 Shankar, PW/4 Bali, PW/5 Poonja, PW/6 Valu, PW/7 Kavi, PW/8 Kamla Shankar, PW/9 Dr. Ram Swarup, PW/10 Jeeva, PW/11 Laxman, PW/12 Shankar Lal, PW/13 Vasudev, PW/14 Virendra Kumar, PW/15 Punjilal, PW/16 Dharma, PW/17 Mukesh Pandya, and PW/18 Heramb Joshi