MURLI ALIAS DENNY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Murli alias Denny was convicted under Section 302 IPC, and sentenced to imprisonment for life with a fine of Rs. 100/ - in default of payment of fine, to further undergo 6 months rigorous imprisonment, by the learned Additional Sessions Judge, Beawar by his judgment dated May 23, 1986.

(2.) THE prosecution case is short and simple any may briefly be summed up as under:

(3.) DURING investigation it transpired that the accused had made extra judicial oral confession before PW 1 Mahendra Singh, PW 2 Raju, PW 3 Rampal and PW 7 Kishan before he lodged the report Ex. P/5 at the Police Station. The extra judicial confession made by him was that he had committed the murder of Shiv Ratan. After when the investigation was over, the police submitted a crime report against the accused Murli @ Penny in the court of Judicial Magistrate, Beawar, who in this turn, committed the case for trial. The Additional Sessions Judge before who the case came for trial, framed charge under Section 302 IPC against the accused, to which he pleaded not guilty and claimed to be tried. He denounced the whole prosecution story as a false and fabricated piece of concoction. He denied his presence on the place of incident and thus pleaded alibi. In support of its case prosecution examined 9 witnesses and filed some documents. In defence, no evidence was adduced by the accused. On the conclusion of trial, the learned Additional Sessions Judge held the charge Under Section 302 IPC duly brought home to the accused. The accused was consequently convicted and sentenced as mentioned at the very out set. Aggrieved against his conviction, the accused has taken his appeal.