MOHAMMAD SIDDIQUE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal owes its origin in the judgment dated Feb. 27, 2003 of the learned Additional Sessions Judge Kotputli District Jaipur, whereby the appellant was convicted and sentenced under section 302 Penal Code to suffer imprisonment for life and fine of Rs. 2,000.00, in default to further suffer imprisonment for one year.

(2.) It is the prosecution's case that on April 6, 2001 at 10.30 AM informant Islamuddin (Pw.2) submitted a written report (Ex.P-3) at Police Station Pragpura to the effect that on the said day around 8 AM Mohd. Siddique (appellant) opened fire at Gulam Nabi (father of informant) and caused injuries on his neck and hand as a result of which Gulam Nabi died on the spot. On that report a case was registered under sections 302 Penal Code and 3/27 Arms Act and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, accused 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 Kotputli District Jaipur. Charge under section 302 Penal Code was framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 17 witnesses. In the explanation under Sec. 313 CrPC, the accused 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.

(3.) Learned counsel for the appellant while assailing the impugned judgment took us through the material on record.