SADHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal, which has been received from the Superintendent, Central Jail, Jaipur on behalf of accused-appellant Sadhu Ram, seeks to assail the judgment dated 22/11/2003 passed by learned Additional District and Sessions Judge (Fast Track), Sikar in Sessions Case No.40/2003 whereby, appellant was convicted for offence u/S.302 IPC and sentenced to life imprisonment with fine of Rs.100/- and in default of payment thereof, he was required to further undergo imprisonment of fifteen days. He was also convicted for offence u/S.458 IPC and sentenced to rigorous imprisonment of ten years with fine of Rs.100/- and in default of payment thereof, he was required to further undergo imprisonment of fifteen days. Both the sentences were directed to run concurrently.

(2.) Brief facts giving rise to the appeal are that a written report (Exb.P/5) was submitted by complainant-Ram Lal (PW6) to S.H.O. Police Station Fatehpur on 30/06/2003 alleging that at 9.00 p.m. in the night of 29/06/2003, he, his wife and two daughters Suman and Sunita were sleeping in the chowk of his house. After some time, their son Pawan Kumar came and went to sleep on the roof of the house. When Pawan did not get up in the morning, the informant asked his wife, who called his name 2-3 times asking him to get down. When Pawan did not come down, his wife went upstairs and found Pawan lying dead in a pool of blood. His wife raised hue and cry. Many people from the colony assembled there. The informant expressed his doubt on Sadhu Ram stating that deceased had been having strained relations with him and Sadhu Ram entertained ill-will against deceased. Deceased was murdered by inflicting injuries on his neck and chest.

(3.) On receipt of the aforesaid written report (Exb.P/5), the police registered a regular first information report bearing FIR No.72/2003 (Exb.P/6) on 30/06/2003 against the accused for offence u/S.302 IPC and started investigation. During investigation, accused-appellant was arrested. After investigation, police filed challan against accused-appellant for offence u/Ss.302 and 458 IPC. On committal of the case, the trial court framed the charges against the accused-appellant for the said offence, which the accused denied and claimed to be tried. The prosecution produced sixteen witnesses and exhibited twenty two documents and three articles, whereas the defence exhibited six documents. Accused in his examination u/S.313 Cr.P.C. stated that he was innocent and that he has been falsely implicated in the present case only on doubt. The trial court upon conclusion of the trial, convicted and sentenced the accused-appellant in the manner indicated above. Hence, this appeal.