SHRAWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated, April 30, 1993 passed by the Sessions Judge, Jhunjhunu, in Sessions Case No. 40/91, whereby the appellant, Shrawan, was convicted under section 302 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs.200/-. In default of payment of fine, to further undergo - one months simple imprisonment.

(2.) In brief, the prosecution case is that P.W. 2, Mohan, made a report, Ex. P. 1, at Police Station, Kotwali Jhunjhunu, at 8.30 a.m. on 1.4.199 1. In this report it was stated that his brother, Srichand (now deceased) had gone to the bus station of Narsinghpura at 6.30 P.M. on 31.3.1991. The accused-appellant was with him and his brother was murdered by the appellant, Shrawan on the way towards hillock from Fatehpura. It was also stated that the children of Durga Ram had seen the incident. It was also stated in the report that Srichaild was having a bag which contained some money and in order to take the money, he was murdered by the appellant. Then it was stated that the appellant Shrawan himself came to the house of Srichand in the night and intimated that he was lying dead on the hillock. There upon, the villagers went there and found Srichand lying dead having injuries on his person. He was brought home at mid night. On this report, F.I.R. Ex. P. 2, was chalked out and crime No. 92/91 was registered under section 302 I.P.C. The post-mortem of the dead body of Shrawan was conducted by Dr. Sita Ram Sharma, P.W. 9, who was Medical Jurist, B.D.K. Hospital, Jhunjhunu, at the relevant time. He found as many as 22 injuries on the person of the deceased, which were abrasions, contusions and lacerations. The cause of death was opined to be shock due to blecding and fractures of ribs and injuries on lungs and lever.

(3.) After completion of the investigation, a charge-sheet was filed against the appellant under section 302 I.P.C. Ultimately, he was tried in the court of the learned Sessions Judge, Jhunjhunu, for the offence under section 302 I.P.C. During the course of trial, prosecution examined as many as 14 witnesses. The accused denied his involvement in the crime in his statement under section 313 Cr. P.C. and one witness, namely, Shri Sheoram was examined in defence. The learned trial court convicted and sentenced the accused under section 302 I.P.C. as indicated above.