(1.) The present appeal has been filed challenging the judgment dated 05.11.2012 passed by learned Sessions Judge, Sri Ganganagar in Sessions Case No.48/2010 whereby the appellant has been convicted for the offence under Section 302 IPC and sentenced for life imprisonment for offence under section 302 IPC with a fine of Rs. 1000/-, in default of payment of fine to further undergo one month rigorous imprisonment.
(2.) Briefly stated facts of the case are that PW-5 Sukhdev Singh lodged a written complaint at Police Station, Jawahar Nagar, Sri Ganganagar (Exp.13) on 16.05.2010 that his son Gurpreet Singh is employed as a driver in the agricultural farm of Sardar Gurjant Singh. His son informed him in the morning that Chowkidar of the agricultural field namely Kalicharan has been killed by some unknown person. On getting this information, he informed Sardar Baldev Singh and went to the field where they saw dead body of deceased Kalicharan and returned home. Near the house/Johda, Jalandhar Singh was present. On calling Jalandhar Singh, he ran away. On following Jalandhar Singh, Kala Singh, Gurpreet Singh and Lakhvinder Singh nabbed him. There were stains of blood on the clothes of Jalandhar Singh. They took Jalandhar Singh to the agricultural field and said that since he was with Kalicharan last night, he must be known who has killed Kalicharan? Jalandhar Singh replied that last night while they were drinking liquor, they had a fight and in the fight, Kalicharan sustained injuries resulting in the death of Kalicharan.
(3.) On this report, a formal FIR No. 257/2010 was registered and investigation was conducted. The police filed challan against the accused appellant for the offence under section 302 IPC.