MOHAMMAD RAFIQ J. - (1.) THIS appeal is directed against the judgment dated 09/02/2004 passed by the learned Additional Sessions Judge (Fast Track. No.1, Bundi in Sessions Case No.46/2001 whereby, he was convicted for offence under Section 302 IPC and was sentenced to life imprisonment alongwith fine of Rs.5,000/ and in default of payment thereof, he was sentenced to further undergo simple imprisonment for three months.
(2.) THE facts giving rise to this appeal are that Chaturbhuj (PW7. submitted a written report (Exh.P.8. at Police Station Sadar, District Bundi on 27/05/1997 at 6.10 p.m. in connection with an incident, which took place on the same day at 2.00 p.m. He alleged that while he was working at his agriculture field, suddenly his cousin Durgalal, who was employed to look after the agriculture field of Pappu Lal, came to him and informed that Pappu Lal inflicted kulhadi blow on the head of Brij Mohan in his presence, due to which, he was lying in a pool of blood outside the house of Pappu. After hearing this, the complainant reached the place of incident. Ram Kalyan and Bajrang were already present there. As per the complaint, there were two injuries on the head of his brother Brij Mohan. Ram Kalyan, Bajrang, Chittar Lal and complainant himself took Brij Mohan on a cot to the Bundi Hospital in the tractor trolley of one Satya Narain Dhabai of Village Jaleda. It was further mentioned in the written report that due to injuries, Brij Mohan had become unconscious. On the basis of the aforesaid 'written report ' (Exh.P.8. at Police Station Sadar, District Bundi, a regular first information report was lodged against accused Pappulal vide No.152/1997 for offence u/Ss.307, 324 and 323 IPC. However, Brij Mohan, later succumbed to the injuries, therefore, offence u/S.302 IPC was added. After investigation, the police filed charge sheet against the accused appellant for offence u/S.302 IPC. On committal of the case, the learned Additional Sessions Judge (Fast Track. No.1, Bundi framed the charge against the accused for offence u/S.302 IPC simplicitor to which accused pleaded innocence, denied the charges and claimed to be tried. The prosecution examined as many as 25 witnesses and produced 28 documents to prove their case.
(3.) WE have heard Shri Arvind Kumar Gupta, learned counsel for the accused appellant and Shri Javed Choudhary, learned Public Prosecutor.;