SHAHJAD KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment dtd. 15/5/2008 passed by the learned Additional Sessions Judge (Fast Track), Nagaur in Sessions Case No.45/2006 (pertaining to F.I.R. No.59/2006 Police Station Kuchera), whereby the accused appellant (in short "the appellant") was convicted under Sec. 302 of the Indian Penal Code (in short "the Code") and was sentenced to life imprisonment and to pay fine of Rs.15,000.00 with a default clause.

(2.) The case of the prosecution is unfolded by a report (ExP-1) lodged by Bhanwar Singh (PW-1) on 9/6/2006 at about 4:00 p.m. at the place of occurrence before the S.H.O. of Police Station to the effect that his son Jitendra Singh (deceased) had gone to "Roll" village to attend the marriage of his friend, along with his friends namely Chandra Prakash (PW-2), Naresh Choudhary (PW-4), Ram Lal (PW-5), Harish Kumawat @ Pappu Ram (PW-6) and Sanjay Binda (PW-7). They hired a bolero jeep of appellant Shahjad Khan which was being driven by the appellant himself. At about 2:00 p.m. in the noon, complainant received a telephonic call at the shop of his neighbour and was informed by Chandra Prakash (PW-2), that while returning back, appellant Shahjad Khan was driving the jeep negligently. This led to a heated argument between Jitendra Singh and appellant. Thereafter, all of them left the jeep on the way and resumed their further journey on foot. After walking about a kilometer, they saw that appellant Shahjad Khan was coming from the opposite direction in his jeep, intending to hit them. They all saved themselves by moving to the side of road but Shahjad Khan intentionally hit Jitendra Singh resulting in serious injuries and that caused his death on the spot. On receiving such information, complainant along with Jethmal (PW-3), Om Prakash, Kushal Singh (PW-10), Mahendra Singh (PW-8) reached at the place of occurrence and found that his son Jitendra Singh had received serious injuries and as a result of which he had died. It was alleged that appellant has intentionally murdered Jitendra Singh hitting him with his vehicle.

(3.) On being received of the F.I.R., the matter was investigated into and upon completion of the investigation, charge-sheet was filed in the concerned Court of Magistrate thereafter, the case was committed to the Sessions Judge. Charge under Sec. 302 of the Indian Penal Code was then framed against the appellant to which he pleaded not guilty and claimed to be tried. Consequently, trial began against the appellant.