N.N. Mathur, J. - (1.) This appeal is directed against the judgment dated 3.5.2003 passed by the Additional Sessions Judge, Churu convicting the appellant of offence under Section 302 I.RC. and sentenced to imprisonment for life and to pay a fine of Rs. 1000/- in default to further undergo six months rigorous imprisonment.
(2.) Briefly stated the facts of the case are that on 20th September, 2002 at about 6.30 RM., RW. 1 Shishpal submitted a written report Ex.P1 to the S.H.O., Police Station, Churu stating inter alia that his brother deceased Vijay Kumar was running a shop in the name of Amar Readymade Clothes in Churu Town near Old Bus Stand. At about 4.00 RM. when he visited the shop, he found it closed. He also found the residential room on the first floor just above the shop locked. He broke open the lock. On opening the room, he found the dead body of his brother wrapped in a carpet. A blood stained stone was lying nearby the dead body. On this information police registered a case for offence under Section 302 I.RC. and chalked a regular F.I.R. Ex.P51. RW. 19 Ganesh Nath, S.H.O., Police Station Kotwali, Churu visited the site. He prepared the site-plan Ex.P3 and the inquest report of the dead body Ex.P2 in presence of the Motbirs. The blood-stained stone was taken in possession vide Memo Ex.P4. Blood-stained carpet, mattress, pillow, bed-sheet & towel were taken in possession vide Ex.P6. All these articles were packed in a Packet marked C. The dead body was sent for post-mortem. RW. 10 Dr. Ramesh Sundariya conducted the post-mortem of the dead body of Vijay Kumar and prepared the post-mortem report Ex.P29. He noticed following injuries on the person of deceased Vijay Kumar: (1) Lacerated wound 3 cm. X 0.5 cm. bone deep at Rt. temporal region. (2) Lacerated wound 1 cm. X 0.5 cm. muscle deep at Rt. temporal region, 3 cm. -1.4 cm. extending to injury No. 1. (3) Two lacerated wound 0.5 cm. X 0.5 cm. bone deep at mid or Injury No. 1 & 2. (4) Swelling 6 cm.X4 cm. at Lt. parieto temporal region on dissection there is present dark red antemortem haematoma present. On further dissection there is fracture of Lt. parieto temporal bone. (5) Multiple abrasions with swelling 0.5-1 cm. X 0.5 cm. at Rt. side of fronto parietal region at pieces. On dissection dark red antemortem haemorrhage present. (6) Incised wound 2 cm.X0.2 cm. Xmuscle deep at Lt. upper yield at mid to left side of iid. (7) Lacerated wound 1 cm. X 0.5 cm. bone deep with depression at Rt. side of breach of nose on dissection there is present fracture of nasal bone. (8) Two lacerated wound 3 cm. X0.5 cm. bone deep at Rt. side of chin having gap about 2 cm. from each other. In his opinion the cause of death was asphyxia due to strangulation of neck with cumulative effect of head injury. The investigation was entrusted to RW. 15 Taj Mohd. on 26 9.2002 The appellant was arrested on 26.9.2002 vide Ex.P30 by RW. 12 Jile Singh, A.S.I., Police Station Kotwali, Churu. Recoveries of incriminating articles were made in pursuance of the information given by the appellant. After usual investigation police laid charge-sheet against the appellant for offence under Section 302 I.RC.
(3.) The appellant pleaded not guilty and claimed trial. The prosecution in support of the case adduced oral and documentary evidence. The appellant in his statement under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. The trial court found the prosecution proved and as such convicted and sentenced the appellant in the manner noticed above.;