- (1.) The Appeal is dismissed in terms of the signed order.
(2.) None appeared for the State of Rajasthan. Heard learned Counsel for the Appellant-accused. Accused Bhinva Ram son of Dasu Ram was charged for an offence punishable under Sections 302, 323 and 325 Indian Penal Code. Upon trial, vide its judgment dated 06th September, 2001, the trial Court convicted the accused of all the offences and awarded him sentence for life imprisonment under Section 302, one year simple imprisonment under Section 323 Indian Penal Code and three years rigorous imprisonment under Section 325 Indian Penal Code. All the sentences were directed to run concurrently. It was further directed to pay a fine of Rs. 1000/- under Section 302, in default, to further undergo one year rigorous imprisonment, Rs. 400/- under Section 323 Indian Penal Code, in default, to further undergo one month simple imprisonment and Rs. 1000/-under Section 325 Indian Penal Code, in default to further undergo six months rigorous imprisonment.
(3.) Correctness of this judgment was questioned by the accused before the High Court, which vide its judgment dated 11th August, 2004 upheld the findings recorded of guilt as well as award of sentence by the trial Court. This has resulted in filing of the present appeal through jail. Learned Counsel appearing for the Appellant has, primarily, contended/raised the following submissions: (i) Statement of PW10 under Section 161 Code of Criminal Procedure was never recorded by the police, thus, he could not be a prosecution witness in the court. In any case, the statement of the said witness as an eye witness cannot be relied upon; (ii) Allegedly the injuries inflicted upon the body of the deceased do not satisfy the ingredients of Section 302 Indian Penal Code, as there was no intention to kill on the part of the Appellant. In any case, it lacks motive. He has relied upon the medical evidence of the doctor as stated in paragraph 13 of the High Court judgment.;