MATHUR, J. - (1.) BY the judgment dated 25.5.2005, passed by learned Additional Sessions Judge (Fast Track), Rajsamand, accused appellant Babu Singh son of Tej Singh, by caste Rawat-Rajput, resident of Siyaji Ki Guwar, Police Station Bheem, District Rajsamand, was convicted for the offence punishable under Section 302 Indian Penal Code and sentenced to undergo life term imprisonment with a fine of Rs.1000.00 and further to undergo three months additional imprisonment in the event of default in payment of fine. The jail appeal giving challenge to the judgment and order aforesaid is before us.
(2.) IN brief, facts of the case are that on 17.2.2004 at about 08:30 AM, the Station House Officer of Police Station Rajnagar, District Rajsamand, reduced in writing a statement given by Shri Udailal son of Mohanlal at opposite Moonlight Marbal, National High Way No.8, Badarda, District Rajsamand. As per the statement reduced in writing (Ex.P/1), At about 07:00 AM Udailal, a tea trolley vendor, came to his trolley installed outside the Moonlight Marble. A closed body parcel van bearing No.GJ-18-T-9084 was parked close to the tea trolley having face towards the direction of Town Nathdwara. Udailal was under impression that the driver etc. of the van concerned must either be sleeping or may have gone to have tea etc. Udailal involved himself in his routine work and certain drivers of other vehicles came to him to have tea. Someone amongst those conveyed that one person was lying in the cabin of the parcel van and was breathing rapidly. Udailal then saw inside the parcel van, where a man was lying in cabin wrapped with a blanket and was breathing too fast. Udailal made a call for the person responsible with the parcel van, but of no consequence. Udailal then saw the person lying in the parcel van from close and found that he was having serious injuries on his face and blood was oozing. He also found blood stains on the seat and ceiling of the parcel van. He then conveyed this fact to Raju Bhai Gujar, a staff member working at Neelam Marbles. Raju Bhai Gujar then gave a telephonic information to Police Station Nathdwara. After some time police personnels arrived at the spot. On basis of the information received, a criminal case was registered and necessary investigation commenced for commission of an offence punishable under Section 307 Indian Penal Code. During the course of investigation the injured person found in the parcel van died on 20.2.2004 at Ahmadabad. The investigation, thus, was made for commission of an offence punishable under Section 302 Indian Penal Code. After completion of investigation, a police report as per provisions of Section 173 Cr.P.C. was presented before the court of learned Chief Judicial Magistrate, Rajsamand, who committed the case to the court of Sessions and then the same was transferred to the court of learned Additional Sessions Judge (Fast Track), Rajsamand. Learned Additional Sessions Judge, after hearing counsel for the accused appellant, framed charge for commission of the offence punishable under Section 302 Indian Penal Code. On denial of the same, trial commenced as desired.
(3.) THE prosecution supported its case with the aid of 24 witnesses (PW-1 to PW-24) and by exhibiting the documents Ex.P/1 to Ex.P/26. An opportunity was given to the accused appellant to explain the adverse circumstances available in prosecution evidence, wherein he termed all the adverse circumstances as false and pleaded innocence. No evidence was adduced in defence.;