DHARMENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused-appellant against the judgment and order of conviction dt. 19/11/2011 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar in Sessions Case No. 02/2010 (67/2009) whereby the accused-appellant was convicted and sentenced as under :- <TABLE style="FONT-FAMILY: Verdana" class=tablestyle border=1 cellSpacing=1 cellPadding=1 width="90%" align=center> <TBODY> <TR> <TD width="17%"> <DIV align=<center><STRONG>Offence</STRONG></DIV></TD> <TD width="83%" <DIV align=center><STRONG>Sentence</STRONG></DIV></TD></TR> <TR> <TD vAlign=top>U/s 302 I.P.C. </TD> <TD vAlign=top>Life imprisonment with fine of Rs.1,000.00 and in default of payment of fine to further undergo 03 months "™ additional simple imprisonment</TD></TR> <TR> <TD vAlign=top>U/s 201 I.P.C. </TD> <TD vAlign=top>03 Years "™ simple imprisonment with fine of Rs.500.00 and in default of payment of fine to further undergo 01 month additional simple imprisonment</TD></TR> <TR> <TD vAlign=top>U/s 397 I.P.C. </TD> <TD vAlign=top>07 Years "™ rigorous imprisonment with fine of Rs.1,000.00 and in default of payment of fine to further undergo 03 months "™ additional simple imprisonment</TD></TR> <TR> <TD vAlign=top>U/s 3/25-1B (IV) Arms Act </TD> <TD vAlign=top>03 years simple imprisonment with fine of Rs.1,000.00 and in default of payment of fine to further undergo 03 months "™ additional simple imprisonment</TD></TR> <TR> <TD vAlign=top colSpan=2>All the sentences were ordered to run concurrently</TD></TR></TBODY></TABLE>

(2.) Briefly, the facts of the case are that Prem Kumar (P.W. 4) submitted the written report (Ex.P/11) to the S.H.O. Police Station Sadar, Sri Ganganagar on 22/6/2009 at 12.15 P.M. stating therein that he was resident of 1-F Chhoti. He cultivated the agricultural land bearing Kila Nos. 15 to 25 of Murabba No. 29, Chak No. 5 M.L. on contract basis, which belonged to Sumanlata D/o Ramjilal. On 22/6/2009, when he was working at the field, at around 11.30 A.M. Bhagirath son of Dungar Ram, Resident of 4- F Chhoti near Sahuwala informed him that a dead body was lying in the government water channel. He went at the spot and saw the dead body lying in the water channel near Kila No. 15 having number of injuries and swelling on the neck. Someone had murdered the unidentified person and had thrown the dead body in the water channel. The age of the deceased according to him was approximately 35 years.

(3.) On this report, a formal F.I.R. No. 149/2009 was registered at Police Station Sadar, Sri Ganganagar for the offences under Secs. 302 and 201 of I.P.C. against the unknown person and investigation commenced. During the course of investigation, the police after completing the formalities at the place of incident, took the body of the deceased to the Government Hospital, which was kept in the mortuary and was identified by Karnail Singh (P.W. 7). On getting information, the relatives of the deceased also reached the mortuary of the Government Hospital and identified the body and were present at the time of postmortem. The bloodstained clothes of the deceased were recovered and sent for F.S.L. examination. Thereafter, a photo copy of the bill of the mobile phone was provided by the family of the deceased to the Investigation Officer. The mobile phone was of 3110 Model of Nokia Company having IMEI No. 355728026095346. The Investigating Officer after having traced the location of the said mobile, which was being used by the accused-appellant, arrested him vide Arrest Memo dt. 18/9/2009 (Ex.P/18). After arrest, the accused-appellant supplied an information under Sec. 27 of the Evidence Act, on the basis whereof, the place of incident was verified and the recovery of mobile phone vide Ex.P/19 and the weapon of offence i.e. pistol vide Ex.P/21 was effected at his instance.