ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal jail appeal has been received by post on behalf of the appellant through Jailer, Central Jail, Bikaner challenging the judgment dtd. 11/11/2016 passed by learned Additional Sessions Judge, Sangariya, District Hanumangarh, in Sessions Case No.09/2016 by which the learned Trial Court convicted the appellant for offence under Sec. 302 IPC and sentenced him to life imprisonment along with fine of Rs.1,01,000.00 and in default of payment of fine to further undergo one year additional S.I. Brief facts necessary to be noted for deciding the controversy are that on 12/1/2016, complainant- Rampratap submitted a typed report to the SHO, PS Sangariya to the effect that his younger brothers, Krishna and Ashok Kumar, were residing together in the same house. On the previous evening, both Krishna and Ashok, along with the complainant's niece- Priyanka, had retired for the night. The following morning, at approximately 07:00 AM, the complainant visited Krishna's room to wake him up. Upon knocking on the door and receiving no response, the accused- Ashok, allegedly informed the complainant that he had murdered Krishna. Upon gaining entry into the room, the complainant found Krishna lying deceased on the cot. Furthermore, the complainant's niece, Priyanka, disclosed that her uncle- Ashok had caused the death of her father- Krishna, by inflicting injuries upon him with a gandasi (a sharp-edged weapon) and a knife.

(2.) On the said report, Police registered the FIR No.36/2016 against the accused appellant for offence under Sec. 302 IPC and started investigation. After thorough investigation, police filed challan against the accused appellant for offence under Sec. 302 IPC.

(3.) Thereafter, learned Trial Court framed, read over and explained the charges for the offence under Sec. 302 IPC to the accused appellant. He denied the charge and sought trial.