SWAROOP @ SAROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused -appellant, Swaroop @ Saroop Singh, is the first informant, who had presented the written report (Exhibit -P/5) on the basis of which FIR No. 396/04 (Exhibit -P/50) was registered at the Police Station Deeg, Bharatpur. As per the written report, the appellant, Swaroop Singh was present at the place of occurrence along with the deceased, Shiv Shanker and had witnessed the murder of Shiv Shanker.

(2.) DURING the investigation, the version given by the appellant, Swaroop was not found to be true. The investigation agency came to the conclusion that in fact, on 11.6.2004 at 8:00 PM, the appellant himself had committed the murder of Shiv Shanker on the flat area (XX) on the Januthar Road.

(3.) THE court of Additional Sessions Judge No.1, Deeg, Bharatpur, vide the impugned judgment dated 8.12.2006, held the appellant, Swaroop guilty of offence under Section 302 IPC as well as under Section 3/25 Arms Act. Having convicted the appellant for the said offences, the trial court vide a separate order of even date, sentenced him as under: - U/s 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 10,000/ -, in default of payment of fine to further undergo one year imprisonment. U/s 3/25 Arms Act - to undergo two year S.I. and to pay a fine of Rs.1,000/ -, in default of payment of fine, to further undergo one month additional imprisonment.