VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 3.5.2003 passed by the Additional Sessions Judge, Churu convicting the appellant of offence under Sec. 302 I.RC. and sentenced to imprisonment for life and to pay a fine of Rs. 1000.00 in default to further undergo six months rigorous imprisonment.

(2.) Briefly stated the facts of the case are that on 20th Sept., 2002 at about 6.30 RM., RW. 1 Shishpal submitted a written report Ex.P1 to the S.H.O., Police Station, Churu stating inter alia that his brother deceased Vijay Kumar was running a shop in the name of Amar Readymade Clothes in Churu Town near Old Bus Stand. At about 4.00 RM. when he visited the shop, he found it closed. He also found the residential room on the first floor just above the shop locked. He broke open the lock. On opening the room, he found the dead body of his brother wrapped in a carpet. A blood stained stone was lying nearby the dead body. On this information police registered a case for offence under Sec. 302 I.RC. and chalked a regular F.I.R. Ex.P51. RW. 19 Ganesh Nath, S.H.O., Police Station Kotwali, Churu visited the site. He prepared the site-plan Ex.P3 and the inquest report of the dead body Ex.P2 in presence of the Motbirs. The blood-stained stone was taken in possession vide Memo Ex.P4. Blood-stained carpet, mattress, pillow, bed-sheet & towel were taken in possession vide Ex.P6. All these articles were packed in a Packet marked C. The dead body was sent for post-mortem. RW. 10 Dr. Ramesh Sundariya conducted the post-mortem of the dead body of Vijay Kumar and prepared the post-mortem report Ex.P29. He noticed following injuries on the person of deceased Vijay Kumar:

(3.) The appellant pleaded not guilty and claimed trial. The prosecution in support of the case adduced oral and documentary evidence. The appellant in his statement under Sec. 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. The trial court found the prosecution proved and as such convicted and sentenced the appellant in the manner noticed above.