(1.) THE appellant seeks to set aside the judgment dated February 14, 2003 of the learned Additional Sessions Judge (Fast Track) No. 2, Bundi whereby appellant was convicted and sentenced under section 302 IPC to suffer imprisonment for life and fine of Rs. 1000/ -.
(2.) THERE was no bad blood between Ratna (since deceased) and the appellant. They were neighbours and their mutual relations were cordial. However on February 25, 1987 around 8 AM the appellant and Ratna had altercations and the appellant inflicted knife blows on the person of Ratna as a result of which he died. Sukhdev, father in law of deceased, lodged the report of the incident at Police Station Talera on February 26, 1987 where case under section 302 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2 Bundi. Charge under sections 302 IPC was framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as may as 8 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.
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