DHARIYA ALIAS DHARA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DHARIYA @ Dhara Singh (appellant herein) and co-accused Bhairu Singh were put to trial before learned Additional Sessions Judge (Fast Track) No. 1, Jhalawar, who vide judgment dated August 5, 2002 while acquitting Bhairu Singh, convicted and sentenced the appellant as under: Under Section 302 I. P. C. : To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. Under Section 3/25 (1-B) (A) Arms Act : To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. Under Section 27 Arms Act : To suffer rigorous imprisonment for three year and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. Substantive Sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on July 8, 2001 informant Devi Singh (P. W. 10) submitted a written report (Ex. P/13) at Police Station Gangdhar to the effect that on the preceding day around 3 p. m. his brother Ram Singh (since deceased) had gone towards Chomahalla but he did not come back and his dead body was found lying near Railway-line. On that report a case under Section 302 I. P. C. was registered and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1, Jhalawar. Charges under Sections 302 I. P. C. and 3/25 & 27 Arms Act were framed against the appellant, who denied the charges and claimed trial. The prosecution in support if its case examined as many as 19 witnesses. In the explanation under Section 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 hereinabove.