- (1.) This criminal appeal has been preferred by appellant Ratan Lal s/o Pyarchand , by caste Gadari, r/o Seturiya, District Bhilwara against the judgment and order dated 27.02.04 passed by learned Addl.District & Sessions Judge (Fast Track) No.1, Bhilwara in Sessions Case No.60/2003 Briefly stated, the facts of the case are that on 13.07.02, at 07.55 AM Jawaharlal s/o Bhawani Ram r/o Lakhola gave a telephonic information that body of Harlal was lying in his field situated near Gayatri temple , Lakhola. There were injuries on the head of Harlal. On this information ,Mustkeem Khan , Sub- Inspector, Police Station Gangapur reached at the spot where Shanker Lal, brother of the deceased, gave a report alleging interalia that at about 07.30 AM his grand daughter in-law Anita informed him that Harlal was not responding to the calls, on which complainant went to the field and saw that his brother Harlal was lying dead with serious injuries on his head. This report was lodged by Shankerlal Darji. On the basis of this information Ex.P/1, case No.259/02 was registered at Police Station, Gangapur and the investigation commenced. During the course of investigation, accused appellant Ratan Lal was arrested, statement of the witnesses were recorded and at the instance of the information recorded under section 27 of the Indian Evidence Act, weapon of offence was recovered and after usual investigation, a charge sheet was filed in the court of Addl.Chief Judicial Magistrate, Gangapur, for the commission of offence under section 302 IPC, from where the case was committed to the court of Sessions Judge, Bhilwara and from there to the court of Addl.District & Sessions Judge ( Fast Track) No.1, Bhilwara for trial.
(2.) The accused appellant Ratan Lal was charged under sections 302 and 447 IPC for which the accused did not plead guilty and claimed to be tried.
(3.) The prosecution examined as many as 21 witnesses, namely , PW/1. Shanker Lal PW/2 Ratan Lal PW/3 Shanti Lal, PW/4 Kishan Lal , PW/5 Ramkanya , PW/6 Ram Lal, PW/7 Anita , PW/8 Kailash , PW/9 Lehru, PW/10 Naru, PW/11 Bheru Lal , PW/12 Munna Lal Sharma , PW/13 Jagdish Chandra, PW/14 Nirbhay Singh , PW/15 Mustkim Khan, PW/16 Ladu Lal , PW/17 Roopkishore, PW/18 Bheru Lal, PW/19 Bhanwar Singh, PW/20 Dr. Amarchand Mahavar and PW/21 Bhagvati Lal, in support of the case.;