ISHWAR SINGH Vs. STATE OF RAJASTHAN THROUGH PP

JUDGEMENT

(1.) Ishwar Singh son of Ram Singh has directed the present appeal to assail the judgment dated 23.5.2011 rendered by the Additional Sessions Judge (Fast Track) No.1, Kota whereby the appellant was convicted for offence under Sec. 302 IPC. Vide a separate order of even date, the trial Judge sentenced the appellant to undergo life imprisonment for offence under Sec. 302 Penal Code and directed the appellant to pay a fine of Rs.2,000.00, in default thereof to undergone one month simple imprisonment. The trial Judge further ordered that the period already undergone by the appellant during the period of trial shall be set-of from the sentence awarded.

(2.) Case of the prosecution is that after 6.30 PM on 23.5.2009 and before morning of 24.5.2009, appellant by giving blows with stone caused murder of Ganesh and thereby committed offence punishable under Sec. 302 IPC. Criminal proceedings were set into motion on the basis of written report (Ex.P.3) presented by Nanu Gurjar (PW.3). Constable Shivraj (PW.10) in court deposed that on 24.5.2009 he was posted as Constable at Police Station Bheemganj Mandi. On that day at 8.35 AM on the instruction given by SHO, he along with ASI Om Prakash and Constable Karan Singh reached near Ummed Palace. Upon reaching there he found that beneath a tree a dead body was lying. In front of him, Mangal Gurjar on the basis of details given by Nanu Gurjar (PW.3), had written a report (Ex.P.3) and in turn he had submitted the report before Chandan Singh (PW.15) who was then posted as SHO, Police Station Bheemganj Mandi. The witness stated that on the basis of written report (Ex.P.3), formal FIR bearing FIR No.136/09 (Ex.P.8) was registered at Police Station Bheemganj Mandi for offence under Sec. 302 IPC. We shall reproduce the true translation of written report (Ex.P.3) as under:-

(3.) From perusal of the written report (Ex.P.3), following facts are discernible:-