MAHAVIR PRASAD Vs. STATE OF RAJ.

JUDGEMENT

(1.) The appellant -accused Mahavir Prasad S/o Amraram has preferred this jail appeal against the impugned judgment of conviction and order of sentence dated 13.05.2009 passed by learned Additional Sessions Judge (Fast Track), Sikar, in Sessions Case No. 59/2008 (State of Raj. v/s. Mahavir Prasad) whereby the accused -appellant was convicted for the offence under Sec. 302 IPC and sentenced to life imprisonment and to pay a fine of Rs. 5000/ -, in default thereof to further undergo six months' rigorous imprisonment.

(2.) The prosecution case, in brief, is that a telephonic information was received on 24.09.2007 by Mr. Mahavir Singh (PW -20) SHO, Police Station Laxmangarh at 7.35 PM to the effect that After conveying that information the telephone call was disconnected. This information was recorded in Daily Diary as Ex. P/28 and Mahavir Singh, SHO, Police Station Laxmangarh (PW -20) departed for the place of incident with police force. At 8.25 PM, Birju Singh (PW1) the complainant submitted a written report (Ex. P1) to Mahavir Singh, SHO, Police Station Laxmangarh, Sikar at the place of occurrence addressed to SHO, Police Station Laxmangarh, District Sikar and the same reads as under: - -

(3.) This report was sent to Police Station for registering the case with Constable Shishram, by Mr. Mahavir Singh, SHO, P.S. Laxmangarh, upon which FIR No. 273/2007 was registered at P.S. Laxmangarh (Sikar) and investigation commenced.