RANU ALIAS RAJNISH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the order dtd. 9/12/2015, passed by the Sessions Judge, Baran, in Sessions Case No. 86/2011. The appellant has been convicted for the offence under Sec. 302 IPC. He has been sentenced to life imprisonment with fine of Rs.5,000.00, in case of default of payment of fine, to serve one month simple imprisonment.

(2.) The complainant PW-7 Satya Narain gave a written report to the police on 13/4/2011. It was contended that his younger brother- Pawan Kumar came to residence after closing his shop at 7:00 p.m. on 12/4/2011. He was sitting in-front of the house between 8:30 and 9:00 p.m. The complainant along with his father went to a temple. They returned at around 12:00 in the night. Pawan Kumar was not found at the residence thus he was searched in the nearby areas. He was given call on two- three occasion but did not respond to phone calls. In the morning, it was found switched off. At around 10:00 a.m. on 13/4/2011, the dead body of Pawan Kumar was found near Natraj Garden. The blood was oozing out due to the head injury and he sustained even injuries on the leg. Somebody had killed him during the night.

(3.) The Police registered an FIR bearing No. 248/2011 for the offence under Sec. 302 IPC. The appellant was arrested and after investigation, charge-sheet against him was filed for the offence under Sec. 302 IPC. The trial Court framed charges and explained it to the accused. He denied the charges thus trial commenced. The prosecution produced twenty witnesses apart from thirty four documents. The statement of accused was recorded under Sec. 313 Cr.P.C. He produced four documents in defence. The trial Court convicted the accused for the offence under Sec. 302 IPC and sentenced, as mentioned earlier.