GOPI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal 374 of Cr.P.C. has been filed by the accused-appellant against the judgment dtd. 11/11/1997, passed by learned Additional District and Sessions Judge No.1, Hanumangarh, in Session Case No.57/1995 by which the learned Trial Court convicted the accused-appellant for offence under Sec. 302 IPC and awarded him sentence of life imprisonment along with fine of Rs.100.00 and in default of payment of fine, to further undergo one month's RI. Brief facts necessary to be noted for deciding the controversy are that on 1/5/1995, complainant Chandu Ram gave an oral information at Police Station Pilibangan to the effect that in the morning at about 6:30 AM, when he was going towards the way to Manak Theri, he saw the dead-body of Raju lying on the way and a pistol was also lying near the dead-body of Raju. The complainant alleged that someone murdered Raju by gunshot.

(2.) On the said oral report, Police registered the FIR No.101/1995 and started investigation. During investigation, Police arrested the appellant on 2/5/1995. Thereafter, on completion of investigation, police filed challan against the accused appellant for offence under Sec. 302 IPC.

(3.) Thereafter, learned Trial Court framed the charge for the offence under Sec. 302 IPC against the accused-appellant, who denied the charge and sought trial.