DIWAS AGARWAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal u/s. 374 Crimial P.C. arises out of the judgment and order dated 23.9.1999 passed by the Additional Sessions Judge No. 4, Kota, whereby the learned Additional Sessions Judge held the accused-appellant guilty of having committed murder of Yogendra and accordingly convicted him for offence u/s. 302 Penal Code and sentenced him to life imprisonment with a fine of Rs. 1,000.00, in default thereof, to further undergo 2 months' rigorous imprisonment.

(2.) As per the prosecution case, on 12.9.1996 at 2.30 p.m., PW-2 Chotu Lal lodged a written report, Ex.D/2 at Police Station Bheemganj Mandi, District Kota, alleging therein that on 12.9.1996 at about 12.00-1.00 p.m. his son Yogendra was consuming Kachori at the shop of Mohan Kachori-wala. Accused- Diwas brother of Vikash collected 'RAPT' of Hajari Chamar and pierced it in the stomach and leg of his son, as a result thereof, his son died in the hospital. Lastly, the complainant alleged that the incident was witnessed by PW-1 Ramgopal.

(3.) On the basis of above written report, police registered a criminal case vide FIR, Ex.P/14 for offence u/s. 302 Penal Code and proceeded with the investigation.