RANJIT @ARJUN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Amicus Curiae for the appellant as well as learned Public Prosecutor.

(2.) This jail appeal, registered under Sec. 383 Crimial P.C., is preferred to question the correctness of the judgment dated 12th Nov. 2003 passed by the learned Additional Sessions Judge, Fast Track, Sriganganagar in Sessions Case No. 48/2003 - State Vs. Ranjit @Arjun , convicting the accused-appellant - Ranjit @ Arjun s/o. Lalu Prasad Tatya for the offence punishable under Sections 302 Penal Code and sentenced him for offence under Sec. 302 Penal Code - to undergo life imprisonment, along with fine of Rs.1,000.00 in default of payment whereof to further undergo one year's simple imprisonment.

(3.) Briefly stated, the prosecution case is that on 03.07.2003 at around 4.30 A.M. complainant Dharampal s/o. Ramji Lal Kumhar orally informed at Police Station, Kotwali, Sriganganagar; which was reduced in writing by Ranjeet Singh, Sub Inspector, Station House Officer of the Police Station; inter alia, stating that he resides at 80, Gandhinagar and he has sweet shop in the name of "Jaishankar Misihan Bhandar ", where four labour Ranjit, Anil, Chunmun and Laxman work. Lakhan had come from his village two days ago. On 02.07.2003. He slept in his home while above four servants slept on 'thada' (platform) in front of his house.