MOBIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Assistant Station Master, Ramganjmandi, on 15.8.2009, had sent an information (Exhibit -P/4) to Government Railway Police, Jhalawar Road that on Platform No. 1 of Railway Station, Ramganjmandi a dead body of unidentified person was spotted by Deendayal (P.W.2) sweeper (Safaikaramchari). The said information was received by Incharge of Government Railway Police, Jhalawar Road on 15.8.2009 at 8:00 AM, upon which Nawal Kishore (P.W.1), Incharge GRP had submitted a written report (Exhibit -P/3) to SHO, Government Railway Police, Kota for registration of case of murder. The written report (Exhibit -P/3) on the basis of which a formal FIR (Exhibit -P/13) bearing No. 68/2009 was registered at Police Station GRP, Kota, when translated into English reads as under: - -

(2.) The case of the prosecution is that the appellant on the night of 15.8.2009, with an incised weapon had committed murder of Dilip beggar. It is further case of the prosecution that during investigation, dagger (Kataar) having a long blade was recovered and thus, he had committed offence under Sec. 4/25 of Arms Act. The prosecution in all had examined fifteen witnesses. It is the case of circumstantial evidence. To secure conviction of the appellant, the prosecution has relied upon following incriminating circumstances:

(3.) Relying upon above incriminating circumstances, the court of Additional Sessions Judge (Fast Track) No. 1, Kota, vide impugned judgment dated 1.8.2011 convicted the appellant for the offences under Ss. 302 IPC and Sec. 4/25 of Arms Act and sentenced the appellant as under: - -