SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused-appellant Sher Singh against the judgment dated 19.11.2010, passed by learned Additional Sessions Judge (Fast Track) No.1, Bikaner in Sessions Case No.13/10 by which the appellant has been convicted for offence under Sec. 302 Penal Code and sentenced for life imprisonment with a fine of Rs. 2,000.00, in default thereof to further undergo two months' simple imprisonment.

(2.) The brief facts for appreciating the controversy in the present case are that on 08.02.2010 at 12.30 AM a written report was filed by Meghraj stating therein that he is the resident of Bangla Nagar, Bikaner and is having a plot in the Karni industrial area, Bikaner being Plot No.G-21. On this plot he is having a workshop of truck body building titled as "Meghraj Truck Body Building". The aforesaid workshop is not operational and Gena Ram S/o Om Prakash is working as Chowkidar there. Gena Ram stays in the workshop only. On 06.02.2010 the Khalasi of their Truck Sher Singh Rajput came to the workshop for staying there for two days. Whether to allow Sher Singh to stay in the workshop or not, Gena Ram made a telephone call seeking his permission which was granted. On 07.02.2010 at around 11.00 PM the owner of the grocery shop Raju (whose shop is across their shop) telephoned his son Om Prakash informing him that the gate of their workshop is lying in opened condition. On this information, he and his son Om Prakash went to the workshop and found that Gena Ram was lying in the 'veranda' and his body was covered with a blanket and on removing the same they found that Gena Ram's face and head were having several injuries and the dead body was lying in a pool of blood. It appeared that face and head of Gena Ram were hammered with a solid blunt iron object. It was further stated that Gena Ram died because of the injuries. It was further stated in this complaint that a bicycle which was kept in the workshop was also missing. On being asked about the bicycle, Raju informed that he saw Sher Singh going out of the workshop at around 5.30 PM at a fast speed. It was further stated in the complaint that since accused Sher Singh Khalasi was with Gena Ram for the whole day they had a doubt that Sher Singh had killed Gena Ram. The dead body of Gena Ram was lying on the spot. On this complaint, a formal FIR was registered on 08.02.2010 and the same was sent to the Chief Judicial Magistrate on 08.02.2010 at 11.55 AM and police conducted investigation.

(3.) After the investigation police filed challan against the accused-appellant.