BALWANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal, the accused appellant Balwant S/o Poonam Chand is challenging the validity of the judgment dated 10.07.2003 passed by the Additional District and Sessions Judge, Fast Track No. 1, Banswara in Sessions Case No. 21/2003, whereby the learned trial Judge has convicted the accused appellant for committing offence under Section 302 IPC and imposed the sentence upon him of Life Imprisonment along with fine of Rs.10000/- and in default of payment of fine to further undergo one month's rigorous imprisonment.

(2.) The brief facts of the case are that an FIR was registered at Police Station Anandpuri, District Banswara on 07.07.2002 upon a verbal complaint made by one Nania (P.W.3) under Section 302 IPC against unknown person. In the oral complaint filed at 8 a.m. on 07.07.2002, it is mentioned that the complainant Nania and his younger brother Vaga went for natural call at 6.00 am. on that day and while coming back, his younger brother Vaga informed that in their agricultural field at village Puliawala a dead body of male person is lying. Upon the said information, the complainant Nania along with his younger brother Vaga went on the spot, where they saw that a dead body of naked man was lying and there were number of injuries upon his body.

(3.) Thereafter they tried to ascertain the identity of the said person, but did not find the identity of the said person, at that time so many persons of the locality came on the spot and complainant Nania went to the Anandpuri police station and gave information regarding the incident, upon which FIR was registered against unknown person.