NARESH @ NARAYAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant stands convicted and sentenced as below vide the impugned judgment dated 19.05.2015 passed by learned Addl. Sessions Judge, Sumerpur, District Pali in Sessions Case No.37/2014 (17/2012) Under Section 302 IPC Life Imprisonment with fine of Rs.10,000/- and in default of payment of fine to further undergo one year S.I. Under Section 201 IPC Three year's RI with fine of Rs.5000/- and in default of payment of fine to further undergo six months S.I.(Both sentences were ordered to run concurrently.) Being aggrieved of his conviction and sentences, the appellant has preferred the instant appeal under Section 374 (2) Cr.P.C.

(2.) Succinctly state, facts relevant and essential for disposal of the instant appeal are noted hereinbelow Chimnaram (PW-1) lodged a written report (Ex.P/1) to the SHO PS Sanderao on 26.04.2012 inter alia alleging that on the very same day at about 8:00 am while he was proceeding from Sindaru to village Khindara and reached at a distance of about 10 meters from the village Khindara, he saw the dead body of an unknown person lying in a ditch. He informed the Police Station on phone. Upon checking the body, he realized that marks of throttling and other violent injuries were present on the dead body. He expressed apprehension that some unknown assailant committed murder and threw the dead body in the ditch. On the basis of this report, an FIR No.41/2012 for the offences under Sections 302 and 201 IPC was registered at PS Sanderao and investigation commenced. After investigation, charge sheet was filed against the accused appellant for the above offences. Since the offences were sessions triable, the case was committed to the court of Addl. Sessions Judge, Sumerpur, District Pali who framed charges against the accused appellant for these offences. The accused pleaded not guilty and claimed trial. The prosecution examined 24 witnesses in support of its case and exhibited 51 documents.

(3.) Upon being examined under Section 313 Cr.P.C., the accused denied the prosecution allegations but did not choose to lead any evidence in defence. However, two documents were exhibited by the defence. The trial court, upon hearing the arguments advanced by the defence and the prosecution and after appreciating the evidence available on record, proceeded to convict and sentence the appellant as above. Hence, this appeal.