JAGDISH ALIAS JAGGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26. 7. 2006 passed by the learned Additional sessions Judge (Fast Track) No. 2, Jodhpur, whereby, he convicted and sentenced the accused appellant as under: (1) Under Section 302, IPC life imprisonment and to pay a fine of Rs. 5,000, in default of payment of fine to further undergo six month's rigorous imprisonment. (2) Under Section 404, IPC six months rigorous imprisonment and to pay a fine of Rs. 1,000 in default of payment of fine to further undergo one month's simple imprisonment.

(2.) FACTS leading to this appeal are that on 2. 5. 2004, Manga Ram PW5 lodged a written report at police Station, Bhopalgarh that his younger brother Jeevan Ram who is running a tea shop at Bus Stand, Surpura khurd, left the house on 1. 5. 2004 at about 7. 30 p. m. with black-hand bag and did not return till night. In the next day morning, some villagers informed that a dead body is lying on the road going towards Paldi to ranawas. He went on the spot and saw his brother's dead body.

(3.) UPON this, police registered a case for offence under Sections 302 and 404/34, IPC. After usual investigation, police filed challan against accused appellant Jagdish @ Jagga Ram and Narayan Ram for offence under Sections 302, 302/34 and 404 read with Section 34, IPC. After committal of the case, the learned trial Judge framed the charges against appellant Jagdish for offence under Sections 302 and 404/34, IPC and against accused Narayan Ram for offence under Sections 302/34 and 404 read with Section 34, IPC, to which they pleaded not guilty and claimed trial. Prosecution examined 30 witnesses. Statements of accused were recorded under Section 313, cr. P. C. They produced three witnesses in defence.