SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this jail appeal aggrieved by the judgment and sentence dtd. 25/8/2021 passed by the Additional Sessions Judge, Bhawani, Mandi, District Jhalawar whereby the appellant has been convicted for offence under Sec. 302 IPC and has been sentenced to undergo life imprisonment and a fine of Rs.10,000.00 has been imposed upon him. On non-payment of fine, to further undergo 6 months rigorous imprisonment.

(2.) Succinctly stated the facts of the case are that on 12/4/2019 complainant - Gheesa Lal son of Ratan Lal filed an FIR stating therein that he is a resident of Kadodiya. He has two sons, Deepak and Bhola and three daughters. His son Deepak was staying in the house in village and he was staying at the well with his other children. On 11/4/2019 at about 7.30 in the morning, when his son - Bhola went to the house in Village, Deepak did not woke up and when he called Rajesh Bai, Deepak had expired. Thereafter, information was given to him and his wife Sanjan Bai. From the appearance of the victim, it was seen that there were some marks on his neck. The FIR was lodged against an unidentified person.

(3.) The police after due investigation submitted charge-sheet under Sec. 302 IPC against the present appellant. Charges were framed and appellant denied the same and sought trial. As many as 18 witnesses were examined on behalf of the prosecution and 27 documents were exhibited. The appellant was examined under Sec. 313 Cr.P.C. Learned trial Court after hearing the arguments has convicted the appellant for offence under Sec. 302 IPC, aggrieved by which, the present jail appeal has been filed before this Court.