MOHAN SINGH @ MONU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant (for brevity, 'appellant') has preferred this criminal appeal against the judgement dtd. 27/11/2017 passed by the learned Additional District and Sessions Judge, Sambhar Lake, District Jaipur (for brevity, 'learned trial Court') in Sessions Case No.53/2013 (59/2009) whereby, he has been convicted and sentenced as under:-

(2.) The relevant facts in brief are that Shri Motilal (PW16)- the Station House Officer, Police Station Dudu, District Jaipur submitted a written report dtd. 5/9/2009 at the Police Station Dudu wherein, it was stated that on that very day, at about 6:05 am, a telephonic message was received in the police station to the effect that a dead body was lying on Jaipur-Ajmer Road (NH-8) by side of the railing near Nasnoda Bridge and upon reaching there, they found the dead body wearing only a bloodstained white pant. It was further stated that there were about 27 punctured wounds with sharp pointed weapon on the body. In the right pocket of the pant, a diary was found containing various mobile numbers. Based thereupon, an FIR No.372 dtd. 5/9/2009 came to be registered for the offence under Ss. 302 and 201 IPC. After investigation, the appellant was charge-sheeted under the aforesaid Sec. whereunder, charges were also framed. After trial, he has been convicted and sentenced, as stated hereinabove.

(3.) Assailing the impugned judgement, learned counsel for the appellant made two-fold submissions. He contended that since, the dead body was lying by side of the National Highway, it was a case of road accident which was given colour of culpable homicide.