MAHENDRA SINGH @ GHODA S/O SH. CHHOTU SINGH, BY CASTE RAWAT, R/O VILLAGE BORAJ, POLICE STATION CHRISTIAN GANJ, DISTRICT AJMER (AT PRESENT CONFINED IN CENTRAL JAIL, AJMER) Vs. THE STATE OF RAJASTHAN THROUGH THE PUBLIC PROSECUTOR

JUDGEMENT

(1.) This criminal appeal is directed against judgment dated 17.12.2008 of learned Additional Sessions Judge (Fast Track) No.1, Ajmer, in Sessions Case No.110/2007, whereby accused-appellant Mahendra Singh @ Ghoda has been convicted for offence under Sec. 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment with fine of Rs. 1000.00 and in default he has to further undergo three months simple imprisonment.

(2.) Briefly stated the facts of the case are that a First Information Report No.246/2007 (Exhibit P-1) was registered at Police Station Christian Ganj, Ajmer on 09.09.2007 by one Sohan Singh S/o Mr. Shakta Singh against unknown person alleging therein that his wife Smt. Geeta went on the mines to work on 08.09.2007 and did not return therefrom till 7.00 pm in the evening. It was further alleged in the F.I.R. that then he came to his house he was told that his wife had gone to search the goat on nearby hills and did not return therefrom. Dhara Singh, Jairam, Bhawani went to search her on nearby hills, where they found dead body of deceased Geeta. It was further alleged that her wife had died due to the injury of axe caused by someone. Some more villagers came on the spot and thereafter the F.I.R. was lodged. The police commenced investigation and appellant was arrested and a charge sheet under Sec. 302 of the Indian Penal Code was filed by the police against him. Since the case was exclusively triable by the court of sessions, the same was committed to the Additional Sessions Judge (Fast Track) No.1, Ajmer. The court framed charge under Sec. 302 Penal Code against the appellant. The appellant pleaded not guilty and claimed to be tried.

(3.) While the prosecution examined 24 witnesses in support of its case and produced 50 exhibits, the defence neither produced any witness nor any exhibits. The accused in his examination under Sec. 313 Crimial P.C., pleaded innocence and alleged for his false implication. Learned trial court, on conclusion of the trial, convicted and sentenced the accused-appellant as indicated above. Hence this appeal.