- (1.) In this criminal appeal, the accused appellant Balwant S/o Poonam Chand is challenging the validity of the judgment dated 10.07.2003 passed by the Additional District and Sessions Judge, Fast Track No. 1, Banswara in Sessions Case No. 21/2003, whereby the learned trial Judge has convicted the accused appellant for committing offence under Section 302 IPC and imposed the sentence upon him of Life Imprisonment alongwith fine of Rs.10000/- and in default of payment of fine to further undergo one month's rigorous imprisonment.
(2.) The brief facts of the case are that an FIR was registered at Police Station Anandpuri, District Banswara on 07.07.2002 upon a verbal complaint made by one Nania (P.W.3) under Section 302 IPC against unknown person. In the oral complaint filed at 8 a.m. on 07.07.2002, it is mentioned that the complainant Nania and his younger brother Vaga went for natural call at 6.00 am. on that day and while coming back, his younger brother Vaga informed that in their agricultural field at village Puliawala a dead body of male person is lying. Upon the said information, the complainant Nania alongwith his younger brother Vaga went on the spot, where they saw that a dead body of naked man was lying and there were number of injuries upon his body. Thereafter they tried to ascertain the identity of the said person, but did not find the identity of the said person, at that time so many persons of the locality came on the spot and complainant Nania went to the Anandpuri police station and gave information regarding the incident, upon which FIR was registered against unknown person. After registering the case against unknown person, the Investigating Officer commenced investigation. During course of the investigation, police prepared site plan and took the body of the deceased to the hospital for postmortem, thereafter on the basis of evidence collected in the investigation, arrested the accused appellant and recovered the knife and shirt as per the information of the accused and upon completion of the investigation, filed challan against the accused appellant under Section 302 IPC on the basis of evidence of last seen and recovery of weapon and cloths before the court of Additional Chief Judicial Magistrate (Fast Track), Bagidaura, District Banswara, from where the case was committed to the court of District and Sessions Judge, Banswara and later on for the purpose of trial, under the orders of the District and Sessions Judge, Banswara, the case was transferred to the court of Additional District and Sessions Judge, Fast Track No. 1, Banswara.
(3.) The trial court after framing the charge under Section 302 IPC proceeded to conduct the trial. First of all opportunity to lead the evidence was given to the prosecution and the prosecution produced as many as 23 witnesses to prove the charge against the accused appellant, so also during recording evidence in the trial, 25 documents were exhibited from the prosecution side. Thereafter further statement of the accused under Section 313 CrPC were recorded by the trial court. In support of the defence, one document Ex.D.1 agreement was exhibited from the side of defence. Learned trial court after providing the opportunity to adduce the evidence, finally heard the matter and vide impugned judgment dated 10.07.2003, convicted the accused appellant for committing offence under Section 302 IPC and passed sentence against him for Life Imprisonment with a fine of Rs.10000/- and in default of payment of fine, to further undergo one month's rigorous imprisonment. The aforesaid judgment is under challenge in this case.;