SANJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these appeals stem from the judgment dated March 23, 2002 of the learned Additional Sessions Judge Khetri District Jhunjhunu whereby the accused appellant Sanjay Kumar (for short `the accused') was convicted under Section 302 IPC and sentenced to suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. The co-accused Manoj @ Lalu was however acquitted of the charge under Section 302/34 IPC.

(2.) IT is the prosecution case that Om Prakash, aged 14 years son of the informant Dhanshi Ram, was stabbed to death by accused on August 15, 1998 at 11. 00 AM. A written report was lodged at 12. 15 PM with the police station Khetri. Case under Sections 302 and 302/34 IPC was registered and the investigation commenced. Postmortem on the dead body was performed necessary memos were drawn and after usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Khetri District Jhunjhunu. Charges under Sections 302 and 302/34 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 15 witnesses. In the explanation under Section 313 Cr. P. C. Sanjay and Manoj claimed innocence. In defence four witnesses were examined. On hearing final submissions the learned trial Judge convicted and sentenced the accused and acquitted co-accused Manoj @ Lalu.

(3.) NEXT submission of learned counsel for the accused that since the FIR was not transmitted forthwith to the court of Magistrate by the Investigating agency, inference could be drawn that the accused was falsely implicated is also devoid of substance. In Surjit Singh @ Gurmit Singh vs. State of Punjab (1993 Supp. (1) SCC 208) it was indicated that the FIR lodged promptly, would not fell on the prosecution case. In State of U. P. vs. Nahar Singh (1998 (3) SCC 561) it was held that since the scribe of the FIR was not an eye witness, the case of accused was not prejudiced.