AJAY RASTOGI, J. - (1.) INSTANT appeal has been filed by accused appellant Bhagirath Puri assailing judgment & order dt.12.09.2003 passed by Additional District & Sessions Judge, Fast Track, No.2, Sikar in Sessions Case No. 13/2003 who while acquitting the accused appellant for offence u/S. 301 & 436 IPC convicted him for offence u/S. 302 IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1,000.00, in default of payment of fine, to further undergo six months R.I.
(2.) TAKING the brief facts as unfolded by the prosecution are that complainant Ram Niwas son of Nathu Ram (PW4) lodged a written report (Ex.P6) on 18.12.2002 with the Station House Officer, Laxmangarh alleging therein that at about 8.30 pm while he was working in his field, his father Nathu Ram proceeded from his Dhani (hutment) to the Dhani of Bholji Sharma and on the way Bhagirath Puri called his father to come to his house and he went there and after five minutes when he heard the noise of "Bargoda" (randiness), he & his nephew Pyare Lal immediately rushed to the place of incident and before they reached there, Matadeen & Kishore had also arrived there and the appellant Bhagirath gave a blow by Moosli (pestle) on the head of his father who fell down and become unconscious. At that time, the appellant Bhagirath alone was there in his house and his wife had gone to the forest. After he was rescued Pyare Lal S/o of Shravan Kumar (PW8) went to bring the jeep of Ayub and his father was taken to Nawalgarh for treatment but while they were on the way the deceased succumbed to the injuries. Thereafter they brought the deceased at their house and called the Sarpanch PW 2 Pyare Lal S/o Hardeva Ram and other local residents and narrated the story and in their presence the appellant put his Guwadi (house) to fire and erected himself on the rod which was inside his house and he was brought out by the persons who assembled there, both hands of the appellant were burnt & certain injuries were also caused to him. Some of the persons caught hold of the appellant Bhagirath and information was sent to the Police and thereafter the Police reached at the spot. The SHO Harphool was handed over the written report who sent the same to the Police Station, Laxmangarh and a regular FIR (Ex.P9) was chalked out and thereafter investigation commenced. During investigation inquest report (Ex.P1) & site plan (Ex.P2) were prepared. Dr. Ratan Lal Modi (PW11) who conducted postmortem on the body of the deceased and prepared the postmortem report (Ex.P8), opined that cause of death of deceased was brain injury leading to shock & death. The accused was taken into custody at the spot on 18.12.2002 itself and after investigation the Police filed challan against the accused appellant for offences u/S. 302, 436 IPC and after the case was committed to the Court of sessions, charge was framed against the appellant for offences u/S. 302, 201 & 436 IPC.
(3.) THE prosecution in all examined as many as 16 witnesses (PW1-PW16) and produced 25 documents (Ex.P1-P25). Thereafter in the statement recorded of accused appellant u/S. 313 Cr. P.C. he stated that he is innocent, his both hands got burnt because of fire & he has no concern with the death of Nathu Ram nor the incident took place at his residence. However, his further explanation was that 2-3 unknown persons came at the house of deceased Nathu Ram and gave him beating. The appellant rushed to the house of Nathu Ram (deceased) and since he wanted to separate them from scuffle the deceased got injuries on his head and those unknown persons set his house on fire. But the explanation of the accused appellant was found wholly unreliable by the leaned trial Judge. However, the learned trial Judge held him guilty and convicted & sentenced the accused appellant for offence u/S. 302 IPC and being aggrieved, the accused appellant has preferred the instant appeal.;