RAM DAYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 15th Sept., 1987 whereby the Sessions Judge, Kota convicted the accused appellant Ram Dayal in the offence under Sec. 307 of Penal Code and sentenced him to a i Rigorous Imprisonment for five years and a fine of Rs.500.00, in default of payment of fine to further suffer Rigorous Imprisonment for six months.

(2.) The prosecution story is woven like this :

(3.) The Investigating Officer prepared, the site plan Ex.P/1, got the complainant Raghuvanshi medically examined, recorded the statements of the witnesses acquainted with the facts and circumstances of the case under Sec. 161 of Cr.PC., the injured Raghuvanshi during the investigation succumbed to his injuries on 14th of June 1984, arrested the accused Ram Dayal vide memo Ex.P/18, recovered a country made Deshi Katta along with one empty cartridge cover vide memo Ex.P/13 at the instance of the accused Ram Dayal and after usual investigation sent the accused persons namely Ram Dayal, Balram, Dhanna Lal and Bhagwan Singh for trial to the competent Court.