SANTOSH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein has preferred the instant appeal under Sec. 374 CrPC being aggrieved of the judgment dtd. 2/8/2019 passed by the learned Additional Sessions Judge, No. 2, Bikaner (Camp Sri. Dungargarh), District Bikaner in Sessions Case No. 7/2014, whereby he has been convicted for the offence punishable under Sec. 302 IPC and sentenced to undergo life imprisonment alongwith a fine of Rs.10,000.00 and in default of payment of fine, further to undergo six months' simple imprisonment.

(2.) Briefly, the facts relevant and essential for disposal of the appeal are noted as under:-

(3.) On the basis of this report, an FIR No. 33/2014 (Ex. P/22) came to be registered at the Police Station Seruna, District Bikaner for the offence punishable under Sec. 302 IPC and investigation was assigned to SHO Mr. Surendra Kumar (P.W. 13). During the course of investigation, usual procedure, viz. preparation of the site inspection plan, inquest memo etc., was undertaken, blood stained and control soil was collected from the spot. The dead body of Smt. Sua was got subjected to postmortem at the PBM Hospital, Bikaner. Statements of the material witnesses were recorded. The accused appellant was arrested and acting in furtherance of the informations provided by him to the Investigating Officer, his own blood stained clothes and a stick were recovered. The recovered articles were forwarded to the FSL for serological analysis for detection of blood etc. and reports Ex. P/33 and Ex. P/34 were received from the FSL. After concluding investigation, a charge-sheet came to be filed against the appellant herein for the offence punishable under Sec. 302 IPC. As the offence was exclusively triable by a Sessions court, the case was committed to the Court of the Sessions Judge, Bikaner, from where the same was transferred for trial to the Court of the Additional Sessions Judge, No. 2, Bikaner (Camp Sri. Dungargarh).