KRISHNA KUMAR @ KRISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Krishna Kumar @ Krishna the appellant herein was put to trial before learned Additional Sessions Judge Khetri District Jhunjhunu, who vide judgment dated November 20, 1998 convicted and sentenced the appellant as under :

(2.) As per prosecution story informant Indraj (PW-4) on December 17, 1995 submitted a written report at Police Station Khetri Nagar with the averments that his sister Gora was residing in village Singhana alongwith her son Lala Ram. The driver Krishna Kumar resident of Jainnabad Dhana (Haryana) came to Lala Ram and consumed wine in the intervening night of December 16 and 17, 1995. Sher Singh and Sant Lal saw Krishna Kumar there. When Sher Singh and Sant Lal left, Krishna Kumar murdered Gora and took away silver anklet from her feet. In the morning of the next day his nephew called him and informed about the incident. On that report a case under Sections 302, 376 and 397, IPC was registered and investigation commenced. The appellant was arrested. Necessary memos were drawn and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Khetri District Jhunjhunu. Charges under Sections 302, 376 and 397, IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 17 witnesses. In the explanation under Section 313, Cr PC the accused claimed innocence and stated that he was driver of Bhika Ram (PW 6) and when he demanded salary, he was falsely implicated in the instant case. No witness in defence was however examined. Learned trial judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) The appellant while confined in Central Jail Jodhpur wrote to the Chief Justice on August 25, 2006 that though he submitted jail appeal vide dispatch No. 848 dated November 30, 1998, h did not receive any response. He wanted to know as to who was his counsel and what happened to his appeal. The letter received from the appellant was registered as Misc. Petition and Mr. Gopal Garg, learned counsel was appointed Amicus Curiae. On being enquired it was found that no appeal was received in the High Court Learned Amicus Curiae thereafter filed criminal appeal on November 15, 2006 along with application under Section 5 of the Limitation Act. In the facts and circumstances of the case delay in filing the appeal was condoned and appeal got admitted.