NARESH @ NARENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant appeal has been filed by the accused appellant Naresh @ Narendra Singh against the judgment dated 19.09.2011 passed by learned Additional Sessions Judge (FT) No.2, Hanumangarh in Sessions Case No. 57/2008 [54/2008] whereby the learned trial court convicted the accused appellant for committing offence under Sec. 302 Penal Code and passed sentence of life imprisonment along with fine of 3000.00 and in default of payment of fine, to further undergo six months rigorous imprisonment.

(2.) As per brief facts of the case, on 10.09.2008 at about 9:30 AM, Head Constable No. 130 Ashok Kumar of Pallu Police Station, Hanumangarh submitted a written report before the S.H.O, P.S. Pallu stating therein that today at about 5.55 AM upon receiving telephonic information, I along with Ami Lal, FC, Bhanwar lal FC, Rakesh Kumar, Ram Kumar reached on a public road near Government Hospital, where in the road side one white Pickup trolly No. RJ 21 GA 1933 was standing. In the said vehicle, one person in injured condition was lying, upon inspection, it is found that there were injuries upon his neck and blood was coming out due to said injury. The injured person was in position to speak, therefore, upon inquiry he said that his name is Mangi lal Bishnoi R/o Village Nokha and my was hired by Naresh R/o Rajyasar, Pallu in the last night, in the morning at about 5:30 AM, Naresh inflicted injury upon his neck with knife and while saying so he became unconscious.

(3.) As per the written report submitted by complainant Ashok Kumar, head constable on spot, the shopkeeper of medical store Indrapal and Tea shopkeeper Gajju and one sweeper of hospital Ramchando informed him that one person wearing read colour shirt and black pant caused injury to the injured person by knife and ran away towards bus stand. The complainant and other persons present on spot immediately admitted the injured Mangi lal in the Government hospital Pallu where after providing primary treatment injured was referred for further treatment at Government hospital, Rawatsar where he was declared dead by the doctors and his body is lying in the mortuary of hospital.