Govind Mathur, J. - (1.) THIS appeal came up before us for orders on an application seeking suspension of sentence, but with consent of counsel for parties we have heard the appeal itself finally.
(2.) IN brief, facts of the case are that complainant Magh Singh (PW -1) submitted a written report (Ex.P/1) at Police Station Dungargarh on 19.2.2006 at 08:15 AM. As per the written report, on 17.2.2006 at about 10:00 PM Jagmal Singh and Ranjeet Singh conveyed Magh Singh that his brother Mool Singh has received certain injuries and he is lying in unconscious state. Magh Singh then rushed to the field and found Mool Singh lying in a jeep of Ramnarain in unconscious state. Parta Ram, Karni Singh and Kheta Ram were also sitting in the same jeep. Mool Singh was brought to the hospital at Bikaner where he was declared dead. After returning to village, on inquiry Kheta Ram informed that Mool Singh along with Koja Ram came to him on 17.2.2006 and demanded a sum of Rs. 200/ - i.e. said to be due. He then gave a "aadia" blow to Mool Singh and due to that he became unconscious. On basis of the complaint aforesaid investigation was made and a police report as per provisions of Section 173 Code of Criminal Procedure was filed before the competent court. After committal of the case to the court of Sessions a charge for commission of an offence under Section 302 Indian Penal Code was read over to the accused and on denial of the same trial was commenced. The prosecution supported its case by producing 13 witnesses and 28 documents. An opportunity was given to the accused Appellant to explain his conduct with regard to adverse material available in the prosecution evidence wherein he pleaded his innocence with assertion that the entire evidence adduced by the prosecution was false. In defence no ocular evidence was adduced by the Appellant, however, two documents Ex.D/1 and Ex.D/2 were produced. The trial court after examining the evidence available and after hearing the parties held the accused Appellant guilty for the offence punishable under Section 302 Indian Penal Code, thus, sentenced him for life imprisonment with a fine of Rs. 1000/ -. An additional imprisonment for a term of one month was also awarded in the event of default in payment of fine.
(3.) BEING aggrieved by the judgment aforesaid dated 21.2.2007 passed by learned Additional Sessions Judge (Fast Track) No. 2, Bikaner in Sessions Case No. 54/2006 this appeal is preferred.;