PRITHVI RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) Cr.P.C. has been preferred by the appellant Prithvi Raj S/o Shri Bhagirath, against the judgment dtd. 12/2/2018 passed by the learned Addl. Sessions Judge, Raisinghnagar District Sri Ganganagar in Sessions Case No.15/2013, arising out of FIR No.213/2013, whereby the accused-appellant stands convicted for the offence under Sec. 302 of the IPC and sentenced to life imprisonment with a fine of Rs.50,000.00, and in default of payment of fine, further to undergo simple imprisonment for five months.

(2.) Brief facts for deciding the present appeal are that on 29/6/2013, Shri Mukesh Tyagi, Deputy Jailor, Sub-Jail, Anupgarh, submitted a written report (Exhibit-9) to the S.H.O., Police Station Shri Vijaynagar. In the said report, it was stated that Shri Kishanlal Sharma (Krishan Lal Sharma son of Kaluram, Constable, resident of Village Dhola Plas, Post Kalsada, Police Station Malakheda, District Alwar had been posted at the Open Prison Camp, Jaitsar, on leave reserve basis since 20/7/2011. On 29/6/2013, at about 07:00 A.M., the Deputy Superintendent, Central Jail, Sri Ganganagar informed the complainant on telephone that Constable Kishanlal (Krishan Lal) Sharma had died at the Open Prison Camp, Jaitsar, and directed him to reach the spot. Acting upon such instructions, the complainant reached the Open Air Camp and found Constable Kishanlal (Krishan Lal) lying dead on a cot placed outside the office of the said camp. It was observed that during the night while the Constable was asleep, an unknown person had inflicted a fatal injury on the right side of his head above the ear with a heavy iron rod, hammer, or some other blunt object. The body of the deceased was found lying on the cot in front of the office building.

(3.) On the basis of the above written report, a formal FIR No.213/2013 (Exhibit P.22) was registered at Police Station Shri Vijaynagar against the accused-appellant for the offence under Sec. 302 IPC.