VINOD KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 21.11.1992, passed by the Sessions Judge, Sikar in Sessions Case No. 61 of 1989, whereby he convicted the appellant for the offences Under Sections 302, 457 & 380 Indian Penal Code and sentenced as under :

(2.) The prosecution case is woven like this :

(3.) The Station House Officer, Police Station Ranoli forwarded the report to the concerned Police Station - Khatu where the first information report No. 35/89 Under Sec. 302 Indian Penal Code was registered on the same day at 5.15 p.m. Yet another report Ex. P/2 was submitted by the informant Om Prakash to the Station House Officer, Police Station Ranoli at 6.00 p.m. on 9.3.1989. It was stated therein that on opening the lock of the room the clothes of Bajrang Lal were seen scattered near his Attachee. Further it was also stated that 22 cigarette cartons out of the 31 lying in the room were found missing. The dead-body was subjected to post-mortem-examination and site was inspected. The statements of the witnesses were recorded. The inquest report was prepared. Blood stained earth as well as blood stained clothes of the deceased were taken into custody. The appellant was arrested and on the basis of information given by him two knives and his clothes were recovered. On completion of investigation challan against the appellant for offences Under Sections 302, 201 & 394 Indian Penal Code was filed. The case was committed before the Sessions Judge, Sikar who framed charges Under Sections 302, 201, 380 & 457 Indian Penal Code. The appellant denied the charges and claimed trial. The prosecution examined 29 witnesses in support of its case. The statement of the appellant Under section 313 Code Criminal Procedure was recorded. The appellant denied the allegations and claimed innocence. No evidence in defend was lead. After hearing the arguments the Sessions Judge convicted and sentenced the appellant in the manner stated herein above.