PINKU KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant appeal, preferred by the accused-appellant (lodged in Central Jail, Sriganganagar), a challenge is laid to the judgment of conviction and order of sentence dtd. 18/7/2013 passed in Sessions Case No. 10/2013 (State of Rajasthan Vs. Pinkukumar) by the learned Additional Sessions Judge No. 2, Sriganganagar (Rs.Trial Court'), whereby while acquitting the accused-appellant of the charge against him under Sec. 201 IPC (by extending the benefit of doubt), he was convicted under Sec. 302 IPC and sentenced to undergo Life Imprisonment alongwith fine of Rs. 5,000/-, in default of payment of which, the accused-appellant was ordered to undergo further one year's rigorous imprisonment.

(2.) Brief facts of the case, as noticed by this Court, are that on 14/6/2012 one Jeevraj Singh, F.C., submitted an inspection report before the Police Station, Jawahar Nagar, Sriganganagar, to the effect that on 14/6/2012 at around 5.50 a.m., a telephonic information was received by the SHO of the concerned police station from the City Control Room, Sriganganagar, that a dead body is lying opposite Shani Temple, near a wall of Homeopathic Clinic & Research Centre. Upon the same, Arvind Kumar, the then Sub Inspector, SHO Police Station Jawahar Nagar alongwith Jeevrajsingh, F.C. and other members of the police team, moved towards Shani Temple and after reaching the spot so identified, found the dead body of an unknown person (identified thereafter, as Kishanlal i.e. deceased).

(3.) On the basis of the aforesaid information, an FIR bearing No. 312/2012 was registered at Police Station, Jawarnagar, Shriganganagar for the offence under Ss. 302 and 201 IPC; after completion of the investigation, a charge- sheet under Ss. 302 and 201 IPC, was submitted against accused-appellant before the concerned Court. After framing of the charges, the same were read over to the accused-appellant, who denied the same and claimed trial, and the trial commenced accordingly.