JHUNTHA RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal has been preferred by applicant -accused Jhuntha Ram who has been convicted and sentenced by the impugned judgment and order dated 11.02.2008 passed by learned Additional Sessions Judge (Fast Track), Chomu, District Jaipur in Sessions Case No. 07/2008 for offence under Sec. 302 Indian Penal Code (for short 'IPC') to undergo life term imprisonment and a fine of Rs. 500/ -, in default thereof to further undergo simple imprisonment for three months. Under Sec. 379 IPC to undergo 3 years imprisonment with a fine of Rs. 200/ - in default thereof to further undergo 1 month's simple imprisonment. It was also ordered that all the sentences shall run concurrently and benefit of provisions of Sec. 428 Cr.P.C. shall also stand extended.

(2.) The brief facts of the case are that Surja Ram -complainant father of the deceased Shanker Lal submitted a written report addressed to SHO Police Station Govindgarh, Jaipur (Rural) to the effect that on 19.11.2007 at about 9 AM his son Shanker Lal, after taking meals went to workshop of Phool Chand Bajiya situated at Bhabruji turn, Ringus, as usual. In that workshop, the work of motor body parts was being done. Thereafter, on 20.11.2007 in the evening, at about 6 PM, his son telephonically informed him that he will come home shortly but he did not return till late night. On next day morning, at about 5.30 AM his neighbour Har Lal called and asked him "" Thereafter, Har Lal went away. After getting up from bed, he departed for his shop, on the way, he saw in dark that one person was lying there, then he lit the match stick and saw that it was none else but his son Shanker. On hue and cry raised by him, his neighbours Neki Ram and Har Lal reached there to whom he told that body of his son is lying there, someone left him thereafter committing his murder. Thereafter, Neki Ram and Har Lal made a telephone call to Sarpanch of the village Smt. Kamla Devi. In response, she told that she will make a call to the police station and shall also reach there. Thereafter, the husband of Sarpanch Nathu Lal, other neighbours and 300 -400 persons arrived at the spot. After that police officials of police station Govindgarh also reached there. Lastly, it was prayed that assailants may be arrested and action may be taken.

(3.) On the above said report FIR No. 386/2004 under Sec. 302 IPC was registered and investigation commenced.