KALYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ­This criminal appeal is filed by Kalyan (hereinafter referred to as Rs.appellant') against judgment and order of conviction and sentence dtd. 23/1/1996 passed by Additional Sessions Judge No. 1, Jaipur City, Jaipur in Sessions Case No. 56/1995 (arising out of FIR No.647/1994 lodged at Police Station Sodala, Jaipur for the offence under Sec. 302 IPC).

(2.) The deceased as per routine did not turn back from work on 19/12/1994 and his dead body was found on 20/12/1994 lying in front of Ashoka Company, Jamna Nagar, Sodala. The body was identified as of Lal Chand Mehra (hereinafter referred to as Rs.deceased') by PW-1 Jai Kishan brother of deceased and the FIR was registered against unknown persons. During investigation, Mittu @ Kailash and the appellant were nominated as accused and charge-sheet was filed. The charges framed against accused-respondent were denied and trial was claimed. Prosecution produced eighteen witnesses and exhibited thirty one documents. Statement of accused-respondent was recorded under Sec. 313 Cr.P.C. The Trial Court vide judgment and order dtd. 23/1/1996 convicted the appellant under Sec. 302 IPC. Vide order of even date, the appellant was sentenced to undergo life imprisonment and to pay fine of Rs.200.00. In case of default of payment of fine, to undergo imprisonment for one month. Hence, this criminal appeal.

(3.) Learned Counsel for the appellant submits that out of four witnesses relied upon by the prosecution to prove last seen theory, two turned hostile and third one has not named the appellant. The contention is that the recovery made at the instance of the appellant was not co-related to the death of the deceased. The argument is that there were variations in the statements given by PW-5 Mohan @ Manohar and PW-12 Ganesh Narain Mehra. It is argued that PW-2 to PW-5 stated to have seen appellant with Lala and it was not proved by prosecution that the deceased Lal Chand Mehra was known as Lala.