- (1.) BY judgment dated 17.8.2004 the learned Additional Sessions Judge (Fast Track), Chittorgarh convicted the accused appellant Pushkar Lal for the offence punishable under Sections 302 and 201 I.P.C. The learned Additional Sessions Judge sentenced the appellant to undergo life term imprisonment with a fine of Rs.2000/ - and further to undergo two month's simple imprisonment in the event of default in payment of fine for the offence under Section 302 I.P.C. The sentence to undergo three years' rigorous imprisonment with a fine of Rs.1000/ - and further to undergo one month's simple imprisonment in the event of default in payment of fine was awarded for the offence punishable under Section 201 Indian Penal Code. To challenge the judgment and order aforesaid, this appeal is preferred.
(2.) THE case of the prosecution as unfolded in the judgment impugned is that on 14.12.2003 Shri Mohd. Bilal son of deceased Mohd. Hussain submitted a written report (Exh.P/31) at Police Station, Sambhupura with assertion that on 10.12.2003 at about 8.00 AM Pushkar Lal came to his house and was talking in loud tone with his father. Pushkar Lal insisted his father to accompany him with money, failing to which, he was apprehending some trouble. Shri Mohd. Hussain then took money from home and left the house on his own motor -cycle and followed Pushkar Lal, who was riding on other motor -cycle. Shri Mohd. Hussain did not return to home in night, thus, in the next morning enquiry was made from Pushkar Lal, who conveyed that Mohd. Hussain stayed with him for about half an hour and then returned. Despite best efforts Mohd. Hussain was not traceable, who was last seen in the company of Pushkar Lal. On the basis of aforesaid information, a case was lodged and the investigation commenced for the offence punishable under Section 365 I.P.C. During the course of investigation accused Pushkar Lal was arrested and at his instance dead -body of Mohd. Hussain was recovered. Another accused Sultan was also arrested during the course of investigation and after completion of investigation, a police report was filed before the competent court. After providing an opportunity of hearing, the court framed charge against accused Pushkar Lal for commission of offence punishable under Sections 364, 302, 201/34 I.P.C. and for the offence punishable under Sections 302/34 and 201/34 I.P.C. against accused Sultan. On denial of charges, the trial commenced as desired.
(3.) THE prosecution supported its case by getting 20 witnesses examined and by exhibiting several documents. An opportunity was accorded to the accused persons to explain the adverse and incriminating circumstances in prosecution evidence, that was termed by them as false and concocted. Statements of DW -1 Jakhir Hussain and DW -2 Umar Shah were recorded by the trial court in defence of accused Sultan. The accused appellant Pushkar Lal got the statement of Gopal Singh (DW -3) examined in his defence. The trial court after examining the entire evidence available on record and considering the arguments advanced by learned counsel for the accused and the learned Public Prosecutor, acquitted accused Sultan from the charges levelled, but convicted accused Pushkar Lal for the offence punishable under Sections 302 and 201 I.P.C.;