(1.) This appeal arises out of a judgment of the Sessions Judge, Bundi, whereby he convicted appellant, Gurujant Singh, under Sections 302, 324, IPC, and sentenced him to undergo imprisonment for life u/s. 302, IPC, but for offence under S. 324, IPC, no sentence has been awarded.
(2.) An information was received on 28.4.1989 at 1.45 a.m, in the night of police station Keshavrai Patan from police station Talera to the effect that a dead body was lying at a bridge known as 'Bajar Ke Puliya'. This information was entered in the police daily diary-Rojnamcha (Ex.P. 12). Thereupon, police party consisting of ASI-Aahatshamuddin, Alladdin, HC & other constables, proceeded from the police station and they reached the spot. At the site, Aahatshamuddin recorded statement (Ex.P. 1) of Hukum Singh. Upon this recorded statement of Hukam Singh, a criminal case under F.I.R. No. 77/89 was registered at police station Keshavrai Patan at 8.15 a.m. for offences punishable under Sections 302, 324 & 323, IPC, against Gurujant Singh. After usual investigation, a challan was filed in the Court of the concerned Judicial Magistrate who committed the case for trial to the Court of Sessions at Bundi.
(3.) Gurujant Singh was charged of offences punishable under Sections 302,324 & 323, IPC. He denied the charges and claimed to be tried. In all, the 18 prosecution witnesses were examined. He was examined under Section 313, Cr.P.C. and merely denied the prosecution allegations. He produced two witnesses in his defence. After hearing final arguments, the learned trial Judge convicted & sentenced the appellant as stated above.