SHIV KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging the judgment/order dtd. 3/12/2008 passed by the Trial Court, whereby he was convicted and sentenced qua offence punishable under Sec. 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

(2.) Prosecution case was set in motion on the basis of the report Exhibit-P-24 lodged by complainant-Jogendra Singh. On the basis of report Exhibit-P-24, formal FIR Exhibit-P-23 bearing No. 238 dtd. 29/5/2006 was registered at Police Station Deeg, District Bharatpur for offence punishable u/Sec. 460 IPC.

(3.) Prosecution story, in brief, as per the FIR is that Membatti, wife of the complainant was residing with her children at Deeg. Complainant was working as a Guard in the bank at Kama. On 29/5/2006 at about 8.00 a.m., complainant received an information at Kama that his wife and daughter Varsha had been murdered by his nephew shiv Kumar. shiv kumar was accompanied by his friends. In this regard, complainant was making inquiry. When the complainant reached Deeg, he found that his wife was lying dead on the roof of the house and his daughter was admitted in the hospital. Wife and daughter of the complainant had suffered injuries with some heavy weapon. All the belongings in the room were lying in a scattered condition. Rupees Eighty Thousand lying in his room could not be traced by the accused. Earrings of his wife were missing. Some other articles from the house had also been stolen.