GHANSHYAM @ SHYAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the order dated 30 th November, 2016 passed by Additional District and Session Judge No.18 Jaipur Metropolitan, Jaipur in Sessions Case No.12/2014. The accused has been convicted for the offence under Section 302 IPC and sentenced to life imprisonment with fine of Rs.10,000/-. In default of payment of fine, to further undergo two year's simple imprisonment.

(2.) It is a case where the accused alleged to have caused occurrence with use of knife. He said to have given twenty two blows to the deceased in the presence of the eye-witnesses PW - 1 Deenbandhu Sharma, PW - 2 Ganesh, PW - 3 Poluram, PW - 4 Baijnath, PW - 5 Jagdish and PW - 7 Smt. Savitri. After the occurrence, he went to Police Station, Sodala along with the knife and as per the statement of PW - 16 Paburam Vishnoi, he kept the knife on the table and disclosed the incident. It was found to be an incident falling under the jurisdiction of Police Station Shyam Nagar, thus was sent for registration of FIR to the said police station. Accordingly, the FIR was registered by Police Station Shyam Nagar, which caused the investigation.

(3.) A case was found against the appellant for the offence under Section 302 IPC and accordingly, charge sheet was filed. The trial Court thereupon heard the matter for framing of charges and framed charges for the offence under Section 302 IPC. When charges were denied by the accused, trial commenced. The prosecution produced sixteen witnesses and seventeen documents to prove their case. In defence, statement of the accused was recorded under Section 313 Cr.P.C. The trial Court convicted and sentenced the accused for the offence under Section 302 IPC.