OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. appeal has been filed by the accused appellant Om Prakash under Section 374 to challenge the judgment dated 29.8.2008 passed by the learned Addl. Sessions Judge, Bhadra in Sessions Case No.15/2007 by which the learned trial court convicted the accused appellant for offence under Section 302 IPC and under Section 3 / 25 and 27 of the Arms Act and passed the following sentence:

(2.) As per facts of the case, the complainant PW--1 Dayanand (Brother of the deceased Rajpal) submitted a written report (Ex.P/1) at Police Station Bhirani, District Hanumangarh on 4.2.2007 at about 5.10 am in which following report was submitted by him, which reads as under:

(3.) Upon the aforesaid report, a formal FIR NO.13(Ex.P/18) was registered on 04.02.2007 by the SHO Police Station Bhirani under Section 302 and 34 IPC read with Section 27 of the Arms Act against three persons namely, Om Prakash, Rajesh and one unknown person. After registration, the investigating officer immediately went to the place of occurrence to commence the investigation and prepared site plan (Ex.P/2) and recorded the details of place of occurrence vide Ex.P/2A. After inspection the condition of the dead body was recorded on spot at 7.00 am on