SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) This appeal has been filed by accused-appellant Suresh Kumar assailing the judgement of the learned Additional Sessions Judge (Fast Track) No.2, Sikar Camp Neem Ka Thana dated 25.11.2003.

(2.) By the aforesaid judgement, the appellant was convicted for offence u/s.302 of IPC and sentenced to life imprisonment and fine of Rs.1,000/-, in default of which, he was to additionally undergo rigorous imprisonment of six months. He was also convicted for offence u/s.392 of IPC and sentenced to undergo rigorous imprisonment of ten years with a fine of Rs.1,000/-, in default of which he was to further undergo rigorous imprisonment of three months. Both the sentences were ordered to run concurrently. It may be at the outset noted that appellant is in jail for last more than nine years.

(3.) Facts giving rise to this appeal are that a written complaint (Ex.P2) was submitted by one Shatrugan Sharma, brother-in-law of the deceased (sister's husband) on 29.7.2002 at Police Station Ajitgarh, Neem Ka Thana, District Sikar u/s.302, 392 and 34 of IPC inter alia alleging therein that his brother-in-law Kailash Chand Sharma S/o Makkhan Lal Sharma, b/c Brahmin, r/o Rampura, Police Station Shahpura, District Jaipur, Aged 20 years was engaged in the work of photography at Village Khatkad Ajmeri, Kishorpura. He has been murdered the previous night by two-three unknown persons at the agricultural field of Danaram Khatik, which is situated in the forest of Village Raipur Jagir. He was murdered by throttling with a lungi. Effort was made to disfigure his face by rubbing it against trunk of the tree of Janti. Deceased-Kailash sustained several injuries on his body. On receiving information about the death of a person in his village, the informant came to the place of incident. On carefully looking at the place of incident, he could make out that deceased Kailash had tried to run away. There are footprints of slippers and shoes of those who had followed the deceased and ultimately killed him. Kailash used to carry a camera with him, which has also been looted. It is therefore prayed in the written complaint that action be taken against the culprits.