SALIM @ PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant Salim @ Pappu against the judgment dated 20/10/2005 passed by the learned Additional District and Sessions Judge (Fast Track) No.1, Jaipur in Sessions Case No.13/2005 whereby, he was convicted and sentenced, as under:-

(2.) Brief facts of the case are that a written report (Exb.P/20) was submitted to SHO Police Station Bhatta Basti, Jaipur by Laxman Das on 31/01/2004 by younger brother of Mohan Das, in respect of his House No.1008 of Ram Nagar, Jaipur, who had gone to Mumbai for solemnizing the marriage of his daughter. It was alleged therein by Laxmandas that that on that day, he received a phone call at 7.30 a.m. from Sayar Singh, neighbor of his brother that his house caught fire and most of the articles lying therein have been burnt and further that wall between their houses developed a crack. When he went there, main gate of the house was not locked and lot of smock was emitting from the house. There was fire in the rooms. House-hold articles were lying scattered. Dead-body of a person was lying in the drawing room of the house in semi-burnt condition, which was not recognizable.

(3.) The police initially lodged the first information being FIR No.14/2004 at Police Station Bhatta Basti, Jaipur for offence u/Ss.457 and 336 IPC. After investigation, the police filed challan against the accused-appellant for offence u/Ss.457, 380, 302 and 201 IPC. After committal of the case to the Court of Session, trial was made over to the court of Additional District and Sessions Judge (Fast Track) No.1, Jaipur. Charges against the accused-appellant were framed for the aforesaid offences. He denied the charges and claimed to be tried. The prosecution examined 20 witnesses and exhibited 29 documents, whereas defence did not produce any witness though it exhibited 4 documents. Learned trial court on conclusion of the trial, convicted and sentenced the accused appellant in the manner stated above.