KANA RAM @ JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING convicted for an offence punishable under Section 302 Indian Penal Code and sentenced to undergo life term imprisonment with a fine of Rs.1000/ - and further to undergo one month's additional imprisonment in the event of default in payment of fine, under the judgment dated 7.6.2007, passed by learned Additional Sessions Judge (Fast Track) No.2, Bikaner, this appeal is preferred.

(2.) THE facts unfolded during the trial are that on 2.11.2006 Shri Mahesh Kumar Soni (PW -7) submitted a written report at police station Dungargarh with assertion that in the night of 1.11.2006 at about 11:00 PM while coming to home after attending a marriage, he saw his brother -in -law Shri Budh Prakash sitting with Kana Ram (accused) at Chainrup -ki -chowki. On telling, Budh Prakash to go to his home, Kana Ram assured to drop him later on. In morning at about 06:00 AM on hearing that Budh Prakash has been murdered and his dead body is lying in the compound of Balaram, he rushed to Uma Shankar, who was appearing quite frightened. Uma Shankar stated that in the night at about 2 -3 AM some quarrel took place near the compound of Balaram, wherein Kana Ram and 2 -3 other persons were beating Budh Prakash with lathis and knives. In the report Mahesh Kumar further stated that Kana Ram met his father early morning and tendered apology. Kana Ram also had combat with Budh Prakash few months earlier, thus, he was keeping vengeance with Budh Prakash though they arrived at some compromise. On basis of the information received, a case was registered and after completing regular investigation a police report as per provisions of Section 173 Cr.P.C. was submitted to the court competent. The trial court framed a charge for commission of an offence punishable under Section 302 Indian Penal Code. The same was denied by the accused and a demand was made for regular trial.

(3.) OUT of 11 witnesses produced by the prosecution PW -9 Uma Shankar was cited as eye witness of the incident. PW -3 Rukmanand (father -in -law of deceased) tendered evidence in the nature of extra judicial confession, however, the evidence adduced by him was not found trustworthy by the trial court. Mahesh Kumar (PW -7) is the person who by availing facts from Uma Shankar (PW -9) submitted written report Ex.P/7. This witness also stated that he saw the deceased in the company of accused in the night of 1.11.2006, thus, the prosecution termed that as an evidence akin to last seen.