KOJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed under Section 374(2) Cr.P.C., against the judgment dated 2.9.2005 passed by Addl. Sessions Judge (Fast Track) No. 1, Bikaner in Sessions Case No. 60/2004 arising out from F.I.R. No. 216/2004, P.S. Sadar, Bikaner, by which the learned trial Judge convicted the accused-appellant for commission of offence under Section 302 I.P.C. and passed sentence of life imprisonment with a fine of Rs. 1,000/- and in default of payment of fine, to further undergo three moths simple imprisonment.

(2.) As per facts of the case, a written report Ex.P-1 was submitted by the complaint Giriraj Prasad Sen on 30.6.2004 at 6 A.M. at Police Station Sadar Bikaner stating therein that is cousin Mukesh Kumar Sen is residing in Government quarter of judicial Department near P.B.M. Hospital, Bikaner. As per the complainant Mukesh was employee of the Court of A.C.J.M. No. 4 and Nityanand, Keshav, Bhojraj, Ram Singh and Shankar are his neighbours and they are also Government employees. The complainant himself was living in a Government quarters of G.A.D. Pawanpur and on 30.6.2004, an information was received by him that Mukesh Kumar Sen has been murdered and upon the said information, he went to the spot and saw that body of Mukesh is lying on the roof of the Government quarters smeared with blood.

(3.) Upon inquiry, the complainant was informed by Keshav, Nityanand and Mithoo Das that due to the summer season they were sleeping on the roof and at about 3-3.30 A.M. they were awakened by the sound of some hit and when they woke up they saw accused Koja Ram running with a iron pipe in his hand after causing injuries upon the head of deceased Mukesh. As per the complainant, after receiving the above information a written complaint is filed by him at the Police Station Sadar Bikaner against the accused-appellant, upon which the police registered case under Section 302 I.P.C. bearing F.I.R. No. 216/2004; and after usual investigation, filed challan against the accused-appellant for offence under Section 302 I.P.C.