PAPU SINGH @ PAPPI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been received from the Superintendent, Central Jail Bharatpur on behalf of accused-appellant Papu Singh @Pappi assailing the judgment dated 29/03/2004 passed by learned Additional District and Sessions Judge (Fast Track) No.1 Dholpur in Sessions Case No.94/2003 whereby, he was convicted for offence u/S.302 IPC and sentenced to life imprisonment with fine of Rs.500/- and in default of payment of fine, he was required to further undergo simple imprisonment of one month.

(2.) Brief facts giving rise to this appeal are that a written report (Exb.P/10) was submitted by complainant Devi Singh (PW22) to S.H.O. Police Station Diholi, Dholpur on 11/05/2003 alleging therein that at 8.00 p.m. on 10/05/2003, his nephew-Ajay, who had gone to attend the marriage programme in the nearby village, was found missing. He was searched in the village but ultimately his dead body was found from Patwarghar around 11.00 p.m. in the night. Action be taken against the culprit.

(3.) On the basis of the above written report (Exb.P/10), police chalked out a regular first information report, being FIR No.67/2003 (Exb.P/12), on 28/06/2003 against the accused for offence u/S.302 IPC and started investigation. During the course of investigation, police arrested the accused-appellant and filed challan against him for offence u/S.302 IPC. The charge against him was framed for the said offence, which he denied and claimed to be tried. The prosecution produced twenty two prosecution witnesses and exhibited thirteen documents, whereas the defence exhibited two documents but did not produce any witness. After conclusion of trial, the trial court convicted and sentenced the accused-appellant in the manner indicated above. Hence, this appeal.