- (1.) This criminal appeal has been preferred by accused appellant Raju Bhat s/o Shri Shanker Lal Bhat r/o Bhatwara, Aburoad, District Sirohi , against the judgment and order dated 25.08.2008 passed by the learned Additional Sessions Judge (Fast Track), Abu Road, District Sirohi, in Sessions Case No.29/2008, whereby the accused appellant Raju Bhat was convicted for offence under section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and a fine of Rs.2000/- and in default of payment of fine, to further undergo one month's simple imprisonment . The brief facts of the prosecution story are that on 11.08.2007, PW/3 Naresh Sharma, who is not an eye witness to the incident , filed a written report, (Ex.P/8) at Police Station, Abu Raod (City),District Sirohi wherein he stated that his elder brother Brijesh Sharma was a motor mechanic and on 10.08.07 in the evening at 05.30 PM, Brijesh Sharma went from his house but did not return. On 11.08.07 at 07.00 AM in the morning, the complainant received information that a dead body was lying on the road in front of Gas Agency . On receiving this information, he reached the spot and found the body to be that of his brother Brijesh Sharma. There were multiple injuries on his head and face and blood was oozing . On enquiry he came to know that one Raju Bhat s/o Shankar Lal Bhat, r/o Bhatwara Gandhinagar, Abu Road had inflicted injuries on Brijesh Sharma and had taken away his money. It was also stated that PW/5, Kishore Parihar s/o Shankerlal ji Parihar and few others had seen deceased Brijesh Sharma and Raju Bhat together taking drinks etc. in the evening of 10.08.07. As a result of the injuries caused by the accused appellant, Raju Bhat , deceased Brijesh Sharma had died. On the basis of this information, FIR No.122/2007 (Ex.P/21) , was registered at Police Station, Abu Road (City) and the investigation commenced.
(2.) During the course of investigation, statement of witnesses were recorded. Accused was arrested and at the instance of accused appellant, blood stained shirt and 'hand's kada' (two pieces) were recovered. Blood stained pant of the deceased and shirt and 'hand's kada' (two pieces), were sent to Forensic Science Laboratory , Udaipur for investigation . Autopsy of the body of deceased was conducted.
(3.) After usual investigation, charge sheet under section 302 of the Indian Penal Code was filed against the accused appellant Raju Bhat, in the court of Judicial Magistrate, Abu Road, from where the case was committed to the court of Addl.Sessions Judge, Abu Road and ultimately, it was transferred for trial to the court of Addl. Sessions Judge ( Fast Track), Abu Road, District Sirohi.;