NAROTTAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal seeks to challenge the judgement of the Special Judge cum Additional Sessions Judge, Jaipur Metropolitan, Jaipur dated 12.03.2012 whereby and whereunder the accused-appellant Narottam was convicted for offence u/s.302 IPC and was sentenced to life imprisonment with fine of Rs. 2,000, in default of which, he was to further undergo simple imprisonment of six months. He was also convicted for offence u/s.364A for which he was sentenced to life imprisonment with fine of Rs. 1,000, in default of which he was to further undergo simple imprisonment of six months. Both sentences were ordered to run concurrently.

(2.) The brief facts giving rise to the filing of this appeal are that complainant Rakesh Roshan Thakur lodged a report with SHO, Police Station Malviya Nagar, Jaipur City on 23.02010 stating therein that one Mr. Abhilash Kumar Thakur was his real uncle's son who was studying B.Pharma in Second Year from Jaipur National University, Jaipur. The complainant further alleged that he received a phone call from the mother of Abhilash that she received a phone call at 8:00 AM on that day on her mobile informing that her son Abhilash Kumar Thakur has been kidnapped. The person who was speaking on the phone asked for Rs. 1,50,000/- as ransom money and also instructed the mother of deceased to deposit that amount in the bank account of her son Abhilash before 2:00 PM. He also warned the mother of Abhilash not to inform the police as well as the staff of the college. After this information, mother of Abhilash made a phone call to one Abhijeet and asked him to find out whereabouts of her son. Abhijeet informed Abhilash's mother that on Saturday at about 4.00 pm, he went with accused-appellant. After that on Monday he received a phone call from Abhilash that he was at Narottam's room. The deceased also informed Abhijeet about the fact that he was beaten by the accused appellant on his head with a bat and after informing this fact, the phone was disconnected. After having all these information, the complainant alongwith Abhijeet came to Seedling College, Jaipur. He alongwith the Warden went to the room of accused-appellant where dead body of Abhilash Kumar Thakur was found tied with ropes in the bathroom.

(3.) Upon the said information, FIR came to be lodged at Police Station 115/2010 for offence under Sections 364-A & 302 IPC. The police after registration of the FIR investigated into the matter and filed charge-sheet against the accused appellant for the offence under Sections 364-A & 302 IPC. The trial court framed charges for the said offences against the accused, who denied the same and claimed to be tried. The prosecution in support of its case produced 15 witnesses and exhibited 30 documents. Statement of accused-appellant under Section 313 Cr.P.C. was recorded wherein he claimed to be innocent and stated that he has been falsely implicated in this case. After hearing the arguments, the learned trial court vide judgment dated 12.12 convicted the accusedappellant as referred to above. Hence this appeal.