VIRENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant was the accused on the file of learned Sessions Judge, Jaipur District, Jaipur in Sessions Case No.81/1995. He was convicted and sentenced vide judgment dated 9.9.96 for offence under Sec. 302 Penal Code to undergo imprisonment for life and a fine of Rs. 3,000.00 in default of payment of fine, to further undergo three months rigorous imprisonment.

(2.) The prosecution story is woven like this. Shri Ram RW.1 submitted a written report with the Police Station, Sanganer on March 3, 1995 around 4.35 p.m. with the averments that the appellant Virendra Singh on the said day at about 4.00 p.m. came to his house and picked quarrel with his brother Rampal. The appellant caught hold of Rampal, dragged him to the plot of Kanhaiya Dhanka and struck lathi blows on the forehead of Rampal as result of which Rampal fell down and became unconscious. While he was taken to the hospital, he died on the way. Police Station, Sanganer, registered first information report No. 88/1995 for offence under Sec. 302 Penal Code and investigation commenced. Site plan was drawn, autopsy on the dead body of the deceased was conducted, inquest report was prepared,statements of witnesses under Sec. 161 Cr.RC. were recorded. The appellant was arrested and the injuries sustained by the appellant were got examined. Blood stained lathi was recovered at the instance of appellant. On conclusion of the investigation, charge-sheet was filed. In due course the case came up for trial before the learned Sessions Judge, Jaipur District. Charge under Sec. 302 Penal Code was framed against the appellant who denied the charge and claimed trial.

(3.) The prosecution examined as many as nine witnesses in support of its case. In the statement recorded under Sec. 313 Cr.RC. the appellant claimed innocence. No witnesses in defence was however examined. The learned trial judge on hearing the final submissions, convicted and sentenced the appellant as indicated herein above.