DATAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In a deserted factory, namely Mahindra Coach Factory, on 25.10.2009 around 7.15 AM Santosh son Sukh Mohan who was working there as Chowkidar was found murdered. Shankar (PW.10) son of the deceased relayed information to Daljit Singh (PW.3) owner of the factory. It has come in evidence that Daljit singh (PW.3) was residing at a distance of 18 kms. from his factory and upon receipt of information he passed on the said information on telephone to the police and proceeded to the premises of the factory. It has also come in evidence that Daljit Singh (PW.3) had made a telephonic call to No.108 for calling an Ambulance. Daljit Singh (PW.3) reached the premises of the factory and found dead body of Santosh in the compound of the factory.

(2.) To vouchsafe the facts, written report (Ex.P.1) was submitted by Daljit Singh (PW.3) on the basis of which formal FIR (Ex.P.2) bearing No.300/09 was registered at Police Station Vishwakarma, Jaipur City North for the offence punishable under Sec. 302 IPC. The above said FIR was investigated. Report of investigation under Sec. 173 Crimial P.C. was submitted against the appellant. The said report was submitted to the Court of Sessions and trial was entrusted to the Court of Additional District & Sessions Judge (Fast Track) No.1, Jaipur Metropolitan, Jaipur. The said court vide impugned judgment dated 5.4.2012 convicted the appellant for offence under Sec. 302 IPC. Having convicted the appellant for above said offence, the trial court vide a separate order of even date, sentenced him as under:-

(3.) Aggrieved against his conviction and sentence, the appellant has preferred the present appeal.