- (1.) This appeal has been preferred by accused-appellant Lala @ Ratan Lal Goda @ Kuldeep @ Goda Singh @ Godaram aggrieved by judgment dated 19.02.2004 of learned Additional Sessions Judge (Fast Track) No.1, Ajmer, in Sessions Case No.73/2003, convicting him for offence under Section 302 of the Indian Penal Code and sentencing to undergo life imprisonment with fine of Rs.10,000/-. In default of payment of fine, he was to additionally undergo six months simple imprisonment.
(2.) Briefly stated the facts of the case are that an entry (Exhibit P-16) was made in the 'rojnamcha' at Police Station Christian Ganj, Ajmer, on 05.04.2003 to the effect that information was received on telephone that outside Jawahar Nagar, opposite Vishnu Mandir Gate, a dead-body was lying smeared with blood. Station House Officer, Police Station - Civil Lines, Ajmer, visited the spot. At the spot, a written report (Exhibit P-1) was given by Smt. Geeta Devi to the S.H.O., mentioning therein that her husband Dinesh Kumar Purohit was Class IV employee in JLN Hospital. He went to attend a party at Chhotu Dhobi's house along-with other staff members. She got a telephonic information from Police Station - Civil Lines, Ajmer, at 8.30 AM in the morning informing that her husband is lying near Jawahar Nagar Nala in injured condition. She further stated that it appears that her husband has been hit by stone due to which he died.
(3.) On the basis of aforesaid written-report, a regular first information report, being F.I.R. No.65/2003, was registered at Police Station Civil Lines, Ajmer, for offence under Section 302 IPC and police commenced investigation. After completion of the investigation, the police filed challan against the accused-appellant before the court of Judicial Magistrate, who committed the same for trial. Charge against the accused-appellant was framed for offence under Section 302 IPC. The prosecution examined as many as 23 witnesses and got 22 documents exhibited. The defence did not produce any witness, though got 1 document exhibited. The trial court, on conclusion of trial, convicted and sentenced the accused-appellant as indicated above. Hence this appeal.;