KAILASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Kailash Chandra and his brother Mool Chand were tried by the Court of Additional Sessions Judge, Fast Track No. 2, Jhunjhunu for having caused injuries to Kishori Lal on 27.4.2005 at 6.30 P.M. in Village Sanwala Ki Dhani, Tan Kakarana, P.S. Gudha, District Jhunjhunu. The trial court vide impugned judgment dated 20.10.2006 acquitted Mool Chand co -accused brother of the appellant, by holding that the offence of murder punishable under Sec. 302 IPC has been committed by the appellant alone. Thus, for causing murder of Kishori Lal, vide a separate order of even date appellant was sentenced to undergo life imprisonment and to pay a fine of Rs. 500/ -, in default thereof to undergo one month simple imprisonment.

(2.) Banwari Lal Saini (P.W. 18) had submitted a written report (Ex. P.18) before Rameshwar Lal Bagadia (P.W. 21) who was then posted as SHO, P.S. Gudha. The written report (Ex. P.18) on the basis of which formal FIR (Ex. P.19) bearing FIR No. 57/05 was registered at P.S. Gudha, District Jhunjhunu, when translated into English reads as under: -

(3.) From a perusal of the above FIR, and perusal of evidence following facts have emerged: -