GORDHAN GHANSHYAM SINGH Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) Present appeal is preferred under Sec. 374 of Cr.P.C. against the judgment and conviction order dtd. 27/1/2016 passed by the learned Additional Sessions Judge, Bandikui, District Dausa, in Sessions Case No.11/2013 whereby the accused- appellant has been convicted for the offence under Sec. 302 of IPC and sentenced for life imprisonment with the fine of Rs.10,000.00, and in default in payment of fine, further three months simple imprisonment.

(2.) The relevant facts, in brief, as canvassed by learned counsel for the appellant, are that on 19/9/2013 the complainant- Hari Singh, submitted a typed written report (Ex.P.11) at Police Station Bandikui, District Dausa. In the said report, it was stated that on 18/9/2013 his son Dharmendra Singh (hereinafter referred to as 'victim'), along with Gordhan Singh and Vishnu Singh, had gone out to take a bath and were consuming liquor near a pond. However, victim did not return to home till evening. Upon making inquiries and searching for him, the complainant and others found victim's dead body in the pond, with certain injuries on various parts of the body. It was further stated that a towel belonging to Gordhan Singh was found near the dead body. Even, in the said report, Gordhan Singh and Vishnu Singh were named as accused.

(3.) On the basis of the aforesaid report, an FIR came to be registered on 19/9/2013, subsequent to the recovery of the dead body; and during the course of investigation, the present appellant, was arrested on 28/9/2013. Upon completion of investigation, a charge-sheet was filed against the appellant for the offence punishable under Sec. 302 I.P.C., and the matter was committed to the Court of Sessions for trial, wherein the learned trial Court framed charge against the appellant for the offence under Sec. 302 I.P.C. and the appellant, upon being examined under Sec. 313 Cr.P.C., denied the allegations in toto, and pleaded innocence.