ASHA RAM @ ASHU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal appellant-accused has assailed the findings of judgment dated 24.10.2007, passed by Additional Sessions Judge, Sujangarh, District Churu, in Sessions Case No. 9/2007 convicting the accused under Section 302 of IPC and sentencing for life imprisonment and a fine of Rs. 1,000/- and further to undergo three months rigorous imprisonment in default of payment of fine.

(2.) Trial was conducted under Sections 302 and 377/511 of IPC, the prosecution produced eighteen witnesses and got exhibited thirty five documents in the evidence, further the accused was examined under Section 313 of Cr.P.C. but except denial and alleging false implication, no explanation under Section 106 of Evidence was tendered as to how deceased died in his premises and the learned trial Court passed the impugned judgment convicting and sentencing him as detailed above.

(3.) Heard the arguments of the learned counsel for the appellant as well as the Public Prosecutor and examined the record thoroughly, learned Counsel for the appellantaccused has contended that the learned trial Court has erroneously passed the impugned order by convicting the accused, there was no such evidence to connect the appellant-accused with the alleged crime, so it is not just. There was also no motive, whatsoever and the postmortem report too discloses that the cause of death was strangulation, victim might have committed suicide for reasons best known to him, in absence of the appellantaccused.