RITESH BHARGAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the Judgment dated 13.11.1997, passed by learned Special Judge (Fake Currency Cases), Jaipur City, Jaipur, whereby the appellant - Ritesh Bhargava @ Bunti has been convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life with a fine of Rs. 2000/ -, in default of payment of fine to further undergo 4 months' Rigorous Imprisonment.

(2.) THE brief facts of the prosecution case are that P.W. 1 -Smt. Sita W/o Gulab Singh Choudhary resident of Plot No. 120, Shiv Colony, New Sanganer Road, Jaipur, made a verbal report (Ex. P. 1) to S.H.O. Police Station -Sodala on 24.6.1994 at 8.00 A.M. It was, inter alia, stated in the report that yesterday at 10.00 P.M. she alongwith her husband Gulab Singh, her son Manoj and Miss Prabhati, who is daughter of her Jeth was sitting in her house. Bunti and Raju: a pick -pocket, along with a person entered in the house. Her husband Gulab Singh made them to sit and asked her to prepare tea for them. Thereafter, a quarrel took place between her husband and Bunti on account of some dispute regarding money transactions and Bunti caused an injury with a knife on the abdomen of her husband. When she made hue and cry, a person came from the road and took her husband to hospital. She did not go to the hospital in the night. In the morning she was informed about the death of her husband. It was also stated that Bunti was known to her as he used to come to her house.

(3.) THE prosecution examined as many as 12 witnesses. In his statement recorded under Section 313, CrPC, the appellant claimed innocence and stated that he was falsely implicated in the case. DW -1 -Murarilal Sharma was examined in defence.