- (1.) In this criminal appeal, accused-appellant Raju @ Rajkumar has challenged the judgment dated 29.07.2004, passed by the learned Sessions Judge, Sriganganagar in Sessions Case No.10/2004, whereby, the learned trial Judge has held the accused-appellant guilty for committing offence under Section 302, I.P.C. and sentenced him to suffer imprisonment for life with a fine of Rs.1,000/-, in default of payment of fine, to further undergo one year's simple imprisonment.
(2.) According to prosecution case, on 02.12.2003 at about 12.45 A.M., complainant P.W.-1 Shribhagwan made a telephonic call to Police Station Sadar Srigangangar, in which, it was informed by him that one tempo driver has thrown a person nearby his field, situated near Coca Cola factory at Mohanpura Road from his tempo. Upon receiving such information, a report in roznamacha was entered and S.H.O., Police Station Sadar Sriganganagar, Kesari Chand Jandu, P.W.-15 went on the spot along with police party where the complainant was present and submitted a written report, upon which, FIR Ex.-P/40 was registered by the Police Station Sadar against unknown person for offence under Section 302, I.P.C. After registration of the case, the police proceeded to investigate into the matter and, as per the first information report given by complainant Shribhagwan, P.W.-1, at about 12.30 A.M. on 02.12.2003, complainant saw that one tempo came nearby his field at Vivek Ashram, Mohanpura Road and, upon hearing the noise of the tempo, in the light of torch, complainant saw that one person was throwing another person upon road from the tempo and the person who was thrown upon the road was having blood upon whole of his body and when the complainant rushed to the spot the tempo driver fled away from the place; but, at that time, complainant saw that there was no number-plate upon the tempo and word 'KULDEEP' was written on the back-side of the tempo.
(3.) It is stated by the complainant in the complaint that he can identify the said tempo. The investigating officer of the case made investigation and, first of all, prepared the site-plan and took mold from the place of occurrence of the person who threw the body on the road. The body of deceased was sent to the hospital for postmortem and after postmortem dead body of deceased was handed over to the family members for cremation. Thereafter, on 02.12.2003, at about 5.30 P.M., accused-appellant was arrested near Z-minor canal when he was sitting in the said tempo and blood was found in the tempo. As per investigation, the said tempo was not having any number-plate and blood was found upon the raxin of the seat of the said tempo. Thereafter, upon information given by the accused-appellant, recovery of blood stained knife was made and blood stained clothes which were being worn by the accused-appellant while committing the offence were recovered and the accused was also got medically examined because there were injuries upon his body and, after usual investigation, on the basis of evidence collected din the investigation the police filed challan against accused-appellant for commission of offences under Sections 302, 397 and 390, I.P.C. Said challan was filed in the Court of Addl. Chief Judl. Magistrate, Sriganganagar from where, the case was committed to the Court of Sessions for trial. Learned Sessions Judge, after framing charges against the accused-appellant, examined 16 witnesses on behalf of the prosecution and prosecution exhibited 63 documents and 8 articles were produced, in support of its case. After recording evidence, further statements of the accused-appellant under Section 313, Cr.P.C. were recorded but, in defence, though opportunity was granted to the accused but he did not lead oral evidence but filed two documents in his defence. After hearing arguments from both the sides, learned trial Court finally decided the matter and found the accused-appellant guilty for committing offence under Section 302, I.P.C. but acquitted him from the charge under Section 397, I.P.C. and awarded life imprisonment to the accused-appellant, which is under challenge in this appeal.;