SINGARA RAM Vs. STATE

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant against the judgment dtd. 2/4/2019 passed by learned Additional Sessions Judge No.1, Barmer, in Sessions Case No.67/2017 (1/2018) by which the learned Judge convicted the appellant for offence under Sec. 304-II of IPC and sentenced him to undergo ten years' SI and imposed a fine of Rs.5,000.00 and in default of payment of fine, to further undergo two months' S.I.

(2.) Brief facts of the case are that on 24/5/2017, the complainant Sardar Khan submitted a written report before concerned Police Station to the effect that when he along with one Saleem Khan and Sahameer was going to Bhare Ka Talla, the present appellant came and pelted stones over the head of Saleem Khan, due to which he fell down from the tractor. The complainant took injured Saleem Khan to Chouhtan Hospital, where he was declared dead. On this report, Police registered the FIR against the accused-appellant and started investigation.

(3.) After investigation, the police filed challan against the present appellant. Thereafter, the charge for offence under Sec. 302 of IPC was framed by the trial court against the appellant, who denied the charge and claimed trial.