AMIT BISHNOI Vs. STATE OF RAJ

JUDGEMENT

(1.) The accused-appellant Amit Bishnoi has preferred this appeal assailing the judgment of conviction and order of sentence dated 13.04.2012 passed by he learned Additional Sessions Judge (Fast Track) No. 1, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the learned trial Court') in Sessions Case No. 54/2005, titled as State of Rajasthan vs. Amit Bishnoi by which the learned trial Court convicted the appellant-accused for the offences under Sections 120B, 302/120B and 201/120B IPC and sentenced as under:

(2.) Heard learned counsel for the appellant Shri Ashvin Garg, learned Public Prosecutor Shri Javed Choudhary for respondent-State with learned counsel for the complainant Shri VP Vishnoi, Shri Snehdeep Khyaliya and Shri Vivek Bajwa and perused the impugned judgment of conviction and order of sentence with the record of the trial Court.

(3.) The factual matrix of the case is that on 28-29.11.2003, at about 1.45 a.m., a telephonic information was received from the police control room at Police Station, Vaishali Nagar, Jaipur to the effect that in Plot No. 4/170, Chitrakoot, some persons have injured one person. After registering the information in the rojnamcha, SHO Shri Gokul Singh (PW-29) along with other police officials, reached at the spot. The complainant Vinod Bishnoi submitted a report (Ex. P/12) to Gokul Singh in which it was stated that on 29.11.2003, in the night, between 1.15 a.m.-1.30 a.m., Kiran (convicted co- accused and wife of deceased - Pradeep) called him on telephone to come to house immediately and upon this, he along with his wife Chitra (PW-4) and servant Mohanlal reached at Plot No. 4/170, Chitrakoot Yojna, where convicted accused Kiran was found sitting in the porch and gate of the house was opened and there were spots of blood on the floor and deceased Pradeep was found on the bed and blood was oozing from his body and when his body was touched and moved, he did not give response and upon this Vinod Bishnoi (PW-3) made a telephone to his uncle (mama) Hetram (PW-9) and apart from this he also telephoned to Mahesh Joshi and Purushottam Jain, who were said to be his neighbours and thereafter they all reached at the spot. It was further stated in the report that in the opposite room, some cash, clothes and silver tumblers were lying in disseminated manner and some unknown persons have caused murder of deceased Pradeep.