KALU SON Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal is preferred assailing the judgment dtd. 4/9/2025 passed by learned Sessions Judge, Ajmer (hereinafter referred to as "learned Trial Court") in Sessions Case No. 41/2024 (C.I.S. No. 120/2024) whereby, the appellant has been convicted for the offence under Sec. 302 of Indian Penal Code (hereinafter referred to as "IPC") and sentenced life imprisonment and to pay fine of Rs.25,000.00; in default of payment of fine, to further undergo simple imprisonment for one year.

(2.) The relevant facts in brief, as narrated by the learned counsel appearing for the appellant, are that on 5/3/2024, Rikhab Chand Sancheti (PW-1), lodged a written report at Police Station Dargah, Ajmer, stating that on the preceding day at about 8:40 PM, while returning to his residence and crossing from the nearby Shri Sambhavnath Bhagwan Jain Temple, he observed the temple pujari running down from the staircase of the temple premises in an injured and blood-stained condition. Upon inquiry regarding his condition, the pujari informed him that the side gate of the temple had been bolted from inside, and that someone had knocked at the door. When he opened the door, an unknown boy requested water to drink. As he turned back to fetch water, the said boy suddenly assaulted him with an iron rod; and on raising an alarm, the assailant fled from the spot.

(3.) It is further submitted that in the meantime Farukh (PW-3), reached the spot, and both of them (PW -1 and 3) took the injured pujari to the Emergency Ward of Jawahar Lal Nehru Hospital, Ajmer. Subsequently, on the basis of the written report as submitted by the complainant, an FIR No. 58/2024 came to be registered at jurisdictional Police Station for offences under Ss. 341, 323 and 307 of the IPC. Investigation was thereafter undertaken. However, the injured pujari succumbed to death on 11/3/2024, whereupon the offence under Sec. 302 IPC was added and the present appellant was charged accordingly. The charge under Sec. 302 IPC was read over and explained to the appellant, who denied the same and claimed trial. During the course of trial, the prosecution examined 22 witnesses and exhibited 71 documents in support of its case. The appellant consistently pleaded not guilty.