Shiv Kumar Sharma, J. - (1.) The appellant was indicted before the learned Addl. Sessions Judge, Beawar in Sessions Case No. 52/94 for having committed murder of Moin. He was found guilty and was convicted and sentenced vide Judgment dated July 7, 1995 under section 302 IPC to undergo imprisonment for life and fine Rs. 500/- in default, to further suffer one month imprisonment. Against this judgment of conviction that the present action for filing the appeai has been resorted to by the appellant.
(2.) The prosecution story, as unfolded during the trial may be summarised thus- Informant Nooruddin @ Noor (PW1) instituted oral report (Ex.P1) with the police station Beawar City on April 2, 1994 at about 9.20 PM. with the averments that his brother Moin had gone outside of his house after taking food. Soon thereafter the informant heard hue and cry and when he alongwith his mother Munni (PW2) went out of their house, they saw the appellant inflicting injuries on the person of Moin with dagger. The informant made attempt to catch hold of the appellant but he fled away leaving behind his shirt, sleepers, Dagger- case and cycle On being asked as to what had happened, Mubin kept mum because he was already dead.
(3.) The Police Station, Beawar City registered formal FIR bearing No. 74/94 (Ex. P/2) under section 302/34 of the Indian Penal Code and investigation commenced. Necessary memos were drawn, statements of witnesses under section 161 Cr.RC. were recorded, autopsy on the dead body of Moin was conducted, the appellant was arrested and after completion of the investigation, Charge- Sheet was filed. In due course, the case came up for trial before the learned Addl. Sessions Judge, Beawar. Charge under section 302 IPC was framed against the appellant, who denied the charge and Claimed trial. The prosecution examined as many as 18 witnesses in support of its case. In the explanation under section 313 Cr.RC., the appellant Claimed innocence. Two witnesses in defence were examined. The learned trial judge on hearing the final submissions convicted and sentenced the accused appellant as indicated here- in- above.;