BHOPARAM Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
STATE OF RAJASTHAN
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VINIT KUMAR MATHUR,J. -
(1.) The present criminal appeal under Section 374(2) of Cr.P.C. has been preferred by the accused-appellant against the judgment and order of conviction dated 15.09.2012 passed by the learned Additional Sessions Judge, Bali, District Pali in Sessions Case No. 25/2009 (40/2010) whereby the accused-appellant has been convicted for the offence under Section 302 of I.P.C. and sentenced to undergo life imprisonment with fine of Rs. 5,000/- and in default of payment of fine to further undergo two years additional simple imprisonment.
(2.) The facts in brief are that Punaram (P.W. 1) submitted a written report to the Police Station Nana, District Pali stating therein that in the morning of 29.03.2009 at around 5.30 A.M., Bhoparam came to his house, where his brother Manaram was also present. Bhoparam told that he had murdered Meera son of Samta by an axe and now he was going to some place. Bhoparam was having an axe in his hands. Then he told Bhoparam that whatever was to happen, had happened and he should go back to his house. Thereafter, Bhoparam went away from his house. After Bhoparam left, at around 6.00 A.M. he telephoned Bhuraram (P.W. 15) who was a teacher and informed him about the entire incident and requested him to inform the police station. Bhoparam murdered Meeraram due to the previous enmity between them.
(3.) On this information, a formal F.I.R. No. 60/2009 was registered at Police Station Nana, District Pali for the offence under Section 302 of I.P.C. against the accused-appellant. During the course of investigation, the police arrested the accused- appellant on 30.03.2009.;
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