JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment and order dated 11.5.2004 learned Additional Sessions Judge (Fast Track) No.2, Bikaner convicted the appellant for an offence punishable under Section 302 Indian Penal Code and sentenced to undergo imprisonment for life term with a fine of Rs.300/- and further to undergo fifteen days' simple imprisonment in event of default in payment of fine.

(2.) Briefly stated, facts of the case are that at the instance of one Jetharam (PW-2) a case was lodged at Police Station Gajner on 19.7.2002 at 09:30 AM to investigate the offence punishable under Section 302 IPC. As per the first information report (Ex.P/7), in the evening of 18.7.2002 at about 08:00 PM Jagdish son of Chudaram, by caste Dakot (Bhargava), came to the house of informant Jagdish to call his son Omprakash. Alongwith Jagdish, two other persons also came there. At the instance of Jagdish, Omprakash went out but did not return for whole of night. In morning, while making search of Omprakash, father of Jagdish informed that he did not saw either Jagdish or Omprakash. After sometime dead body of Omprakash was found near Johad Payatan. It was also stated in the first information report that Laldas Saadh also came in the night alongwith Jagdish.

(3.) After making regular investigation, accused Jagdish and Laldas were charge sheeted for commission of an offence under Section 302 IPC. The trial court framed charges against the accused persons for the offence punishable under Section 302 IPC, on denial of the same, they were tried. On 6.9.2003 the case of accused Laldas was transferred to the Juvenile Court, as he was found a Juvenile.