SHANTILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal assails the judgment of conviction dtd. 3/11/2022 passed by the learned Additional Sessions Judge, Jalore on the file of Sessions Case No. 35/2021 (C.I.S. No. 51/ 2018), wherein and whereby the appellant was convicted for the offence punishable under Sec. 302 of IPC and sentenced to life imprisonment along with a fine of Rs.10,000.00, and in default, to suffer further simple imprisonment of 15 days.

(2.) The case of the prosecution is that PW-1 Ghewaram, who is uncle of the deceased-Dileep (grand-son of his sister) lodged the complaint under Exhibit-P/1 on 15/2/2018. The report shows that he was told by his sister, PW-3 Champa Devi that she received a phone call from PW-19 Sanju informing that the deceased- Dileep was killed by Shanti Lal by slitting the throat by sharp edged object and fled away from the scene of the offence. On such information, they went to scene of the offence situated near the FCI godown and found the deceased succumbed to the slit injury on his neck. On the basis of such report, an FIR No. 30/2018 (Exhibit-P/2) was registered against the accused-appellant/convict at Police Station Kotwali Jalore for the offence under Sec. 302 of IPC.

(3.) The Police after completion of investigation filed the charge-sheet for the offence under Sec. 302 of IPC. The Investigation reveals that the deceased- Dileep and PW-19 Sanju left the house of PW-2 and 3 (Bhorki Devi & Smt. Champa Devi) at about 6.00 p.m. on motorcycle and while they were having paanipuri, they received a phone call from the accused-appellant/convict. Both of them made conversation with the accused on mobile phone and thereafter, they picked up the accused, who borrowed two hundred rupees from PW-19 Sanju and purchased a beer bottle. All of them went behind the FCI godown where they consumed the beer. In the meanwhile, the accused told PW-19 Sanju that he had to talk something personal with the deceased so asked him to go away a little. PW-19 Sanju went behind the bushes and heard the noise of breaking of the bottle. He found the accused slitting the deceased with broken beer bottle and running away from the scene of the offence. He immediately informed PW-3-Smt. Champa Devi about the incident. PWs-1, 2 and 3 rushed to the scene of the offence. Thereafter, they lodged the report.