HARJENDRA SINGH ALIAS BABA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is criminal appeal under Section 374(2) Cr.P.C. against the judgment dated 28.7.2005 passed by learned Additional Sessions Judge (Fast Track) Court, Sirohi in Sessions Case No.103/04 (70/04) by which the learned Judge has convicted the accused -appellant for the offence under Section 302 IPC and sentenced him to undergo life imprisonment and a fine of Rs.1,000/ -, in default of payment of fine to further undergo rigorous imprisonment of one year.

(2.) THE facts in short are that one Hema Ram P.W.1 lodged a report on 17.10.2002 at Police Station, Mount Abu stating that he is a Convincer at Hotel Tourist Resort, Mount Abu and looks after the hotel trade. According to him, on 15.10.2002, at about 5.30 a.m. three passengers came to the hotel. All of them were between the age of 25 -30 years. One of them was having beard.

(3.) HE was wearing Jeans Pent and T -shirt. With his own hand, he made an entry in the register. He mentioned his name as Sonu, resident of Goal Market, near Gurudwara Bangla Saheb, New Delhi and that, they were going from Ahemadabad to Delhi. All of them were talking in Hindi which is a language spoken by the people residing in Haryana -Delhi side. They were given the room No.9 in the hotel. They went to market and thereafter returned late in the night. At around 11.30 -12.00 a.m. on 15.10.2002, he saw a bearded man and one another person in the hotel and assumed that the third person will be in the room. Thereafter, on 17.10.2002, when he did not see anyone coming from outside the room, he went upstairs where the room was located. He came down and informed Nathu Ram, who is also working as Convincer in the hotel. He also informed the owner Mrs. Vimla Thadani. They looked into the room from high window and saw body of one person lying on the bed which was covered with the blanket and one hand was visible. It was stated by him that two persons who were accompanying the deceased have left after killing him. They locked the room from outside. It was further stated by him that he will be able to recognise them on seeing.