AJAY GHOS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal under Sec. 374 Cr.P.C. arises out of the judgment dtd. 25/02/2017 passed by Shri Tirupati Kumar Gupta, R.J.S. (District Judge Cadre), learned Additional Sessions Judge No.12, jaipur Metropolitian in Sessions Case No.124/2012 whereby the appellant has been convicted and sentenced to undergo life imprisonment under Sec. 302 IPC with fine of Rs.1,00,000.00 and in default of payment of fine to further undergo additional sentence of two years simple imprisonment.

(2.) Succinctly stated the facts of the case are that on 10/7/2012 the complainant- Narendra Kumar Sharma lodged a written report at Police Station Ramganj, District Jaipur, on the basis of which an FIR bearing No. 265/2012 was registered by the Police under Sec. 302 IPC and thereafter, the investigation commenced. The police after investigation filed charge-sheet against the appellant for offence under Sec. 302 IPC and Sec. 4/25 of Arms Act. The case was triable by the Court of Sessions and therefore, the same was committed to the Court of Sessions and ultimately, the case was came to be transferred in the court of learned Additional Sessions Judge No.12, Jaipur Metropolitan for trial.

(3.) After hearing the arguments on charge, learned trial court framed charges for the offence under Sec. 302 IPC and Sec. 4/25 of Arms Act. The accused-appellant denied the charges and sought trial. During the trial, the prosecution examined 28 witnesses and got exhibited 54 documents in evidence in support of their case. The explanation of the appellant was recorded under Sec. 313 Cr.P.C. wherein he denied all the prosecution case and stated that he was falsely implicated in the case.