SUDESH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 16.12.2003 of learned Additional Sessions Judge (Fast Track, Behror, District Alwar, in Sessions Case No.51/2003 (17/2003), whereby the trial court convicted the accused-appellant for offence under Sections 302 and 201 of the Indian Penal Code. For offence under Section 302 IPC, he has been convicted for undergo life imprisonment with fine of Rs.2000/-, in default, to further undergo six months simple imprisonment. For offence under Section 201 IPC, he has been sentenced to undergo three years rigorous imprisonment with fine of Rs.500/-, in default, to further undergo two months simple imprisonment. Both the sentenced were ordered to run concurrently.

(2.) One Mahendra @ Jhamman submitted a written report to Station House Officer, Police Station Mandhan, District Alwar, on 28.03.2003 alleging that his elder brother Karan Singh, aged 35 years, had left the home at 8.00 in the morning on 26.03.2003 to work as a labour for harvesting the mustard crop at the agriculture field of Prithvi Singh. When he did not return home in the evening, his family members searched for him but he could not be found anywhere. His brother's wife Guddi went to Prithvi Singh to enquire about Karan Singh. Prithvi Singh informed that Karan Singh left two days ago around 8.00 in the evening. The informant came to know in the morning at around 10.30 that dead-body of one person was lying at the foothill on the way leading to Giglana. When he went there, he found the dead-body of his brother Karan Singh. There were injuries on his head, face and another parts of the body. Blood marks were visible around the body. It appears that he was beaten to death by certain people.

(3.) On receipt of a written-report, a regular first information report being F.I.R. No.28/2003 was chalked out for offence under Sections 302 and 201 of the IPC, and investigation commenced. The postmortem of the dead-body was conducted on 28.03.2003 itself. The accused was arrested on 28.03.2003. One 'lathi' of bamboo and two scales of bamboo were recovered at his instance. The police, after completion of investigation, filed charge-sheet against him for aforesaid offences. Charges against the accused were framed for aforementioned offences to which he pleaded not guilty and claimed to be tried. Prosecution examined as many as 28 witnesses and got 38 documents exhibited. The defence has not produced any witness in support of its case, however, got three documents exhibited. Learned trial court on conclusion of the trial, convicted and sentenced the accused-appellant in the manner indicated above. Hence this appeal.