MOHAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of the learned Additional Sessions Judge, Kota dated Sept. 2, 1982, by which the appellant Mohan was convicted under section 302, I.P.C. and was sentenced to imprisonment for life with a fine of Rs. 1000.00, in default of the payment of fine to further undergo six months simple imprisonment.

(2.) Briefly recalled, the facts and circumstances leading to the prosecution and conviction of the accused are that at about 10.30 A. M. on June 16, 1981, PW 1 Bhanwar Singh appeared at Police Station, Ramganj Mandi and verbally lodged report EX. P 1. It was stated therein that he had seen a dead body of a male person under a tree near village Atraliya. The dead body had some wounds on it and appeared that his murder was committed. The police registered a case under section 302, I.P.C. and proceeded with investigation. The Station House Officer Vijay Singh (PW 15) went on the spot, inspected the site and prepared the inquest report of the victim's dead body. At the time of the preparation of the inquest report, it could not be ascertained as to who was the dead person. Since the death was unnatural, the post-mortem examination of the deadbody was got conducted. Dr. Mathur (PW 13) conducted the post-mortem examination. The post-mortem examination prepared by him is EX P 10. The doctor noticed the following ante-mortem injuries on the victim's dead body:-

(3.) The cause of death was coma, caused by injury on vital organ i. e. brain, which was due to injuries on head. Suspicion was laid over the appellant. He was arrested on July 4, 1981. In consequence of the informations furnished by him on July 4, 1981 and July 7, 1981, two wrist watches and currency notes of Rs. 1200/ - were recovered from his possession. It revealed during the investigation that the wrist watches belonged to the deceased. The identity of the deceased was also disclosed. It was Kalu brother of PW 3 Kishan Lal and PW 12 Deo Karan. The investigation further showed that the accused was seen in the company of the accused before he was killed. Some other articles were recovered. They were sent to the Chemical Examiner. Blood-stains were found on them. On the completion of the investigation, the police submitted a challan against the accused in the Court of Munsif & Judicial Magistrate, Ramganj Mandi, who. in his turn, committed the case for trial to the Court of Sessions. The learned Additional Sessions Judge, Baran framed a charge under section 302, I.P.C. to which he pleaded not guilty and claimed to be tried. According to him, he was falsely implicated. In support of its case, the prosecution examined 12 witnesses and filed some documents. In defence, no evidence was adduced. On the conclusion of the trial, the learned Additional Sessions Judge held the charge duly proved against the accused. The accused was consequently convicted and sentenced as mentioned at the very out-set. Aggrieved against his conviction, the accused has taken this appeal.