VIJAY PRATAP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING aggrieved by the conviction recorded for the offences punishable under Section 302 and 201 IPC and the sentence awarded under the judgment dated 13.10.2004 by learned Additional Sessions Judge (Fast Track) No.1, Jodhpur, this appeal is preferred.

(2.) THE facts relevant for adjudication of this appeal are that on 14.05.2003, a written report (Ex.P/1) was submitted by Mr. Ganesh Lal (P.W.1) at police station, Basni, Jodhpur with assertion that his younger brother Murlidhar was running a Pan shop, wherefrom he came to home at 09.00 p.m. on 13.05.2003. He then proceeded to attend a marriage, but did not return to home in night. In morning at about 07.00 a.m., some of the residents of Madhuban Colony informed that a dead body wrapped in a sack was lying behind U.I.T. shops. The dead body on being unwrapped by the police was found to be of Murlidhar.

(3.) FROM the place where the dead body was found, the investigating agency recovered several articles and those were seized. The details of the articles recovered and seized are as follows : -