ASHA RAM Vs. STATE

JUDGEMENT

(1.) The appellant Asha Ram has been convicted and sentenced as below vide judgment dated 30.08.2017 passed by the learned Additional Sessions Judge, Parbatsar, District Nagaur in Sessions Case No.07/2013:

(2.) Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:-

(3.) The investigating officer undertook the routine steps of investigation, arrested the accused Asha Ram. The accused Rugharam could not be apprehended and absconded. Thus, a charge-sheet was filed against the accused Asha Ram for the offence under Section 302 IPC read with Section 34 IPC whereas, the charge-sheet against Rugharam was filed under Section 299 Cr.P.C. showing him to be absconding. As the offence under Section 302 IPC was exclusively Sessions triable, the case was committed to the Court of the Additional Sessions Judge, Parbatsar who framed charge against the accused appellant for the offence under Section 302 IPC read with Section 34 IPC. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 13 witnesses and exhibited 24 documents to prove its case. Upon being questioned under Section 313 Cr.P.C., the accused denied the prosecution allegations but did not choose to lead any evidence in defence. After hearing the arguments advanced by the prosecution and the defence and appreciating and evaluating the evidence available on record, the learned trial court, proceeded to convict and sentence the appellant as above. Hence this appeal.