Dinesh Maheshwari and Narendra Kumar Jain, JJ. - (1.) Heard the learned Amicus Curiae for the appellant as well as learned Public Prosecutor.
(2.) This jail appeal, registered under Section 383 Cr.P.C., is preferred to question the correctness of the judgment dated 12th November 2003 passed by the learned Additional Sessions Judge, Fast Track, Sriganganagar in Sessions Case No. 48/2003 - State v. Ranjit @Arjun , convicting the accused-appellant - Ranjit @ Arjun s/o. Lalu Prasad Tatya for the offence punishable under Sections 302 IPC and sentenced him for offence under Section 302 IPC - to undergo life imprisonment, along with fine of Rs.1,000/- in default of payment whereof to further undergo one year's simple imprisonment.
(3.) Briefly stated, the prosecution case is that on 03.07.2003 at around 4.30 A.M. complainant Dharampal s/o. Ramji Lal Kumhar orally informed at Police Station, Kotwali, Sriganganagar; which was reduced in writing by Ranjeet Singh, Sub Inspector, Station House Officer of the Police Station; inter alia, stating that he resides at 80, Gandhinagar and he has sweet shop in the name of "Jaishankar Misihan Bhandar ", where four labour Ranjit, Anil, Chunmun and Laxman work. Lakhan had come from his village two days ago. On 02.07.2003. He slept in his home while above four servants slept on 'thada' (platform) in front of his house.;