HARPAL SINGH @ HARBABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 31.3.2009 passed by Additional Sessions Judge (F.T.) No.1, Jaipur City, Jaipur in Sessions Case No. 1/2008 whereby the accused appellant has been convicted and sentenced as under: For offence u/S.302 IPC: - Life Imprisonment with a fine of Rs.2,000/ - and in default of payment thereof, to further undergo two months simple imprisonment.

(2.) THE case of the prosecution is that Ram Prakash Sharma (PW/4) lodged a written report (Ex.P/11) to in charge Police Station Vidhayak Puri, Jaipur on 19.9.2003 at 3.30 PM with the contention that he is working as receptionist at Hotel Kalyan. On 18.9.2003 at 11.00 AM one man and woman came in the hotel and they stated themselves to be husband and wife. They were having two bags. Entry in register was made by the man. He stated his name to be Harpal Singh. Room No.104 was given to them and the man made an entry in the register with his own hand -writing. On that day tea and food was served to them, in the evening they went outside and returned back at 7.00 -7.30 P.M. In the morning again tea and breakfast was served. They took breakfast at about 11.00 A.M. thereafter at 2.00 PM Harpal Singh alone came out of the room. He asked Surendra Singh, waiter to bring Auto rickshaw. Surendra Singh went to bring Auto -rickshaw from the main road but before that Harpal Singh left the hotel in another Auto. Thereafter Ram Prakash phoned in the room but nobody picked up the phone which raised suspicion. He went to the room and pushed the call bell but none answered and it was also noticed by him that room was locked from outside then he phoned to his master Mool Chand Gupta and on his instructions, the matter was informed to Police Station Vidhayak Puri. In charge of Police Station and other police persons came to the hotel. Room No. 104 was opened with duplicate key and lady who came along with Harpal Singh was found dead inside the room Chuni was wrapped against her neck and blood was coming out from his mouth. On this FIR No. 351/2003 (Ex.P/48) was registered and after usual investigation, charge sheet was filed against the appellant for the offence under Section 302 IPC. The case was committed to the court of sessions and entrusted for trial to Additional Sessions Judge (F.T.) No.1, Jaipur City, Jaipur.

(3.) AFTER committal of the case, the trial court framed the charges against the accused -appellants for offence u/S 302 IPC which were read over to the accused but the accused denied the charges and claimed to be tried.