GOPAL Vs. STATE

JUDGEMENT

(1.) IN this criminal appeal, the accused -appellant is challenging the judgment dated 6.6.94 passed by District $ Sessions Judge, Rajsamand in Sessions Case No. 72/92 whereby the accused appellant was convicted for committing offence under Section 302 I.P.C. and passed sentence of life imprisonment to the accused -appellant and imposed fine of Rs. 6,000/ - in default to further undergo two years RI.

(2.) AS per the brief facts of the case, on 5.7.1992, PW -4 writing to the Assistant Engineer, Irrigation Department, Su - Division Nathdwara that on 'paal' of 'namana' dam, one dead body is lying and blood is coming from his head and face has become black, therefore, he cannot be identified. It appears that somebody has murdered him. Upon the said information given by PW -4 Banshilal to the Assistant Engineer, the same was forwarded to the Police Station Nathwara where the police registered a case under Section 302 I.P.C. vide FIR No. 131/92 at about 2.15 pm which is Ex.P/5.

(3.) THE trial Court after framing charge proceeded for trial and in the trial statement of 15 prosecution witnesses were recorded, thereafter statement of accused under Section 313 Cr.P.C. was recorded by trial Court and after hearing final arguments, learned trial Court convicted the accused appellant vide impugned judgment dated 6.6.1994 for committing offence under Section 302 I.P.C. on the basis of circumstantial evidence whereby punishment of life imprisonment with fine of Rs. 6000/ - was awarded and in default of fine to further undergo two years RI was passed. The said judgment is under challenge in this appeal.