DEEPA RAM @ DEEPAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dated 31.03.2011 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Jodhpur Metropolitan in Sessions Case No. 54/2010 whereby the accused-appellant has been convicted for the offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 2,000/- and in default of payment of fine to further undergo two months' additional simple imprisonment.

(2.) In short, the prosecution case emerges from the written report (Ex.P/14) filed by one Kheraj Singh (P.W. 9) wherein it was stated that he came from Barmer and stayed in Ratanada, Jodhpur. He went to the Agra Sweet Home, Sojati Gate on 12.01.2010 at around 10.00 A.M. for purchasing the blankets from the beggars sitting over there. He saw that one unknown beggar was sleeping in the corridor of the Agra Sweet Home in a pool of blood with injuries on his face at 2 or 3 places. The beggars Bablu Mochi and Babulal Harijan, who were sitting there, on being asked informed him that yesterday at around 11.00 P.M., Deeparam son of Samartha Sargara of Village Ghanerao, Pali and the deceased had heated altercations in connection with place to sleep. Deeparam getting annoyed, assaulted the deceased with a stone resulting into inflicting of fatal injuries. The injured beggar died last night. He did not know Deeparam but since he used to purchase the blankets received by the beggars of the Sojati Gate area in donation, he knew all of them by name. The unknown beggar was killed by Deeparam after inflicting injuries with stone.

(3.) On this information, a formal F.I.R. No. 17/2010 was registered at Police Station Udaimandir, Jodhpur City for the offence under Section 302 of I.P.C.