Gopal Krishan Vyas, J. - (1.) IN this criminal appeal, the accused -appellant is challenging the judgment dated 6.6.94 passed by District $ Sessions Judge, Rajsamand in Sessions Case No. 72/92 whereby the accused appellant was convicted for committing offence under Section 302 I.P.C. and passed sentence of life imprisonment to the accused -appellant and imposed fine of Rs. 6,000/ - in default to further undergo two years RI.
(2.) AS per the brief facts of the case, on 5.7.1992, PW -4 writing to the Assistant Engineer, Irrigation Department, Su - Division Nathdwara that on 'paal' of 'namana' dam, one dead body is lying and blood is coming from his head and face has become black, therefore, he cannot be identified. It appears that somebody has murdered him. Upon the said information given by PW -4 Banshilal to the Assistant Engineer, the same was forwarded to the Police Station Nathwara where the police registered a case under Section 302 I.P.C. vide FIR No. 131/92 at about 2.15 pm which is Ex.P/5. After registering the FIR under Section 302 I.P.C., the investigation commenced and during the investigation, it is found that said body is of one Ganesh Lal and body was sent to the Hospital for postmortem by SHO Nathdwara. Thereafter, postmortem was conducted in the Government Hospital, Nathdwara and according to postmortem, the Doctor gave opinion that death of Ganesh Lal caused due to coma which was due ante -mortem head injury. After investigation police filed challan on the basis of circumstantial evidence of last seen together against the accused -appellant. The said challan was filed by Police Station Nathdwara in the Court of Munsif & Judicial Magistrate, First Class, Nathdwara on 13.9.1992 and case was committed to the District & Sessions Judge, Rajsamand for trial.
(3.) THE trial Court after framing charge proceeded for trial and in the trial statement of 15 prosecution witnesses were recorded, thereafter statement of accused under Section 313 Cr.P.C. was recorded by trial Court and after hearing final arguments, learned trial Court convicted the accused appellant vide impugned judgment dated 6.6.1994 for committing offence under Section 302 I.P.C. on the basis of circumstantial evidence whereby punishment of life imprisonment with fine of Rs. 6000/ - was awarded and in default of fine to further undergo two years RI was passed. The said judgment is under challenge in this appeal.;