KALU @ HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in the instant criminal appeal has been made by the appellant to the judgment of conviction and sentence dtd. 21/1/2013 passed by the Court of learned Additional Sessions Judge, Bandikui, District Dausa [for short 'the learned trial Court'] in Sessions Case No.09/2006, State of Rajasthan vs. Kalu @ Hanuman and Anr., whereby the learned trial Court has convicted and sentenced the accusedappellant as under:-

(2.) Facts of the case in nutshell are that complainant Guddi (PW1) submitted a complaint under Sec. 190 Cr.P.C. in the Court of Judicial Magistrate, Sikrai against the appellant and another co-accused Kripal etc. with the averments that Kailash- husband of complainant worked with the accused-appellant and on account of some personal expenses he gave Rs.47,000.00 to Kailash. On demand Kailash did not pay the said amount for which some dispute arose between them. On 12/7/2005 at about 8:00 p.m., Kailash went to the house of the accusedappellant for settlement of amount and when he did not return, the complainant obtained information about Kailash and came to know that one person was lying in the well and when went to the well, she came to know that the person was Kailash. The aforesaid complaint was sent under Sec. 156(3) Cr.P.C. to the Police Station Bandikui for registration of the FIR. Afterwards, an FIR No.470/2005 was registered at Police Station Bandikui for the offence under Sec. 302, 201 and 120B IPC. The police after investigation submitted charge-sheet against accused Kaluram and a supplementary charge-sheet was submitted against accused Kripal Singh for the offences under Sec. 364, 302, 201 and 120B IPC.

(3.) Learned trial court framed charges against the accused appellant for the offence under Sec. 364 and 302 IPC. The accused appellant denied the charges and claimed trial. The prosecution in support of its case recorded statements of eleven witnesses and ten documents were got exhibited. Thereafter, the accused/appellant was examined under Sec. 313 Cr.P.C. In defence the accused appellant did not examine any witness but ten documents were got exhibited. The appellant aggrieved and dissatisfied with the impugned judgment/order of conviction and sentence passed by learned trial court dtd. 21/1/2013 has preferred this criminal appeal.