CHHOTULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was indicted before the learned Sessions Judge, Dausa, in Sessions Case No. 54/1995 for having committed murder of Bhorilal. The learned Sessions Judge, Dausa, found the appellant guilty and vide his judgment dated June 7, 1996 convicted and sentenced the appellant as under <FRM>JUDGEMENT_141_LAWS(RAJ)4_2002_1.html</FRM> Both the sentences were directed to run concurrently.

(2.) As per the prosecution story the appellant inflicted a 'Knife' (Chhurra) blow on the right arm pit of Bhonrilal. Initially a case under section 307 Penal Code was registered but after Bhonri Lal succumbed to injury on Feb. 5, 1995, investigation commenced under section 302 Penal Code by the Police Station. Lalsot on the basis of written report (Ex. P/2) that was lodged by informant Ramcharan on Feb. 1,1995. Dead body of the deceased was subjected to post-mortem. Statements of witnesses under section 161 Cr.RC. were recorded, appellant was arrested and the knife allegedly used in the commission of crime was seized at the instance of the appellant. On completion of investigation, charge-sheet was laid. In due course the case came up for trial before the learned Sessions Judge, Dausa. Charges under section 302 Penal Code and 4/25 of the Arms Act were framed against the appellant, who denied the charges and claimed to be tried. As many as 13 witnesses were examined by the prosecution in support of its case. In the statement recorded under section 313 Cr.RC. the appellant claimed innocence. No witness in defence however, was produced. The learned trial Judge, on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) We have heard the rival submissions and closely scrutinised and evaluated the material on record.