(1.) The appellant has preferred instant appeal under Sec. 374(2) Cr.P.C aggrieved against the judgment dtd. 25/10/2017 passed by the Court of learned Additional Sessions Judge, Ramganj Mandi, District Kota (hereinafter referred to as 'the trial Court') in Sessions case No.28/2016, whereby the appellant-Jagdish has been convicted and sentenced as under:- <FRM>JUDGEMENT_74_LAWS(RAJ)3_2022_1.html</FRM>
(2.) Skeleton facts relevant and essential for disposal of the appeal are as under:-
(3.) After registration of FIR (Ex.P8), investigation was undertaken by Police Station Modak, District, Kota. After completion of investigation, charge-sheet was submitted against the appellant for the offence punishable under Sec. 302 IPC. The Trial Court framed charges against the appellant for the offence under Sec. 302 IPC. The accused-appellant, denied the charges, pleaded not guilty and claimed to be tried. The prosecution examined as many as 23 witnesses and exhibited 43documents to prove its case. The accused-appellant, upon being questioned under Sec. 313 Cr.P.C, and when confronted with the circumstances appearing against him in the prosecution evidence denied the same and claimed to be innocent.
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