CHANDRAVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Chandraveer Singh the sole-appellant herein through present appeal filed by him calls in question the order of conviction and sentence that came to be recorded against him by the learned Additional Sessions Judge (Fast Track) No. 1, Bundi, dated 4.9.2002 vide which he has been held guilty for the offence under section 302 Penal Code and sentenced to undergo Imprisonment for Life as also to pay a fine of Rs. 5,000.00 and in default of payment of fine to further undergo three months Simple Imprisonment.

(2.) The only point that has been urged in support of this appeal is that the offence committed by the appellant would be covered either under section 304 Part II or at the most under section 304 Part I of the Penal Code and, therefore, the conviction of the appellant under section 302 Penal Code is not sustainable and is unjustified.

(3.) The facts that need to be noticed in the context of the only contention that has been raised by the learned counsel reveal that Ramesh died in an occurrence that took place on 5.12.1999 at 5.30 PM. An FIR with regard to the incident came to be lodged within half an hour on the same day. It was lodged by Ramkaran PW1 and was presented before Hardeo Singh PW7. Special report with regard to the incident reached the concerned Magistrate on 6.12.1999 at 10.45 AM.