SHARWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and the order of sentence both dated 05 th June 2013 rendered in Sessions Case No.13/2012.

(2.) In the sessions trial, the appellant has been convicted and sentenced to imprisonment for life with fine of Rs.50,000.00 under Sec. 302 of the Indian Penal Code. The appellant has further been convicted and sentenced to simple imprisonment for fourteen years and a fine of Rs.10,000.00 under Sec. 397 of the Indian Penal Code with a default stipulation to undergo simple imprisonment for one and a half month.

(3.) The case of prosecution is based on circumstantial evidence as no person came forward to inform the Investigating Officer about the manner of occurrence and the person who had committed murder of Shrawan. The case of the prosecution as projected in the written report of Kishana Ram is that on 10 th April 2012 around 7:05 AM a telephonic information was received from Sarpanch of Kharia Neev that a dead body was seen in a ditch connecting the road leading to Sojat City. In the written report, Kishana Ram stated that Shrawan who was his nephew was working at the shop of Sohanji Kumhar. On 09 th April 2012, Shrawan started for the shop of Sohanji Kumhar and did not come back home. On the next day, when he received an information about the dead body of an unknown person lying in the ditch near the road leading to Sojat City he went there and identified that the dead body was of his nephew Shrawan. After the investigation, a charge-sheet was laid against the appellant and he faced the trial on the charge of committing murder of Shrawan.