Kanwaljit Singh Ahluwalia, J. - (1.) Assistant Station Master, Ramganjmandi, on 15.8.2009, had sent an information (Exhibit -P/4) to Government Railway Police, Jhalawar Road that on Platform No. 1 of Railway Station, Ramganjmandi a dead body of unidentified person was spotted by Deendayal (P.W.2) sweeper (Safaikaramchari). The said information was received by Incharge of Government Railway Police, Jhalawar Road on 15.8.2009 at 8:00 AM, upon which Nawal Kishore (P.W.1), Incharge GRP had submitted a written report (Exhibit -P/3) to SHO, Government Railway Police, Kota for registration of case of murder. The written report (Exhibit -P/3) on the basis of which a formal FIR (Exhibit -P/13) bearing No. 68/2009 was registered at Police Station GRP, Kota, when translated into English reads as under: - - "To SHO SahebGRP Police Station, Kota. Subject: for taking legal action Sir, It is submitted that today on 15.8.2009 at about 8:00 AM, Officer on duty Assistant Station Master, Surendra Kumar Gupta, Railway Station Jhalawar Road had sent a written information that Officer Incharge duty ASM Ramganjmandi informed on telephone that a person had been found dead at platform No. 1. Upon this information, Incharge Police Post Nawal Kishore, Head Constable No. 36 along with police party reached at Railway Station Ramganjmandi and at the spot examined the dead body. The name of deceased has been found to be Dilip and for a long period, he was begging at the railway station. On the neck, chest and abdomen and right pelvis injuries with incised weapon have been noticed. Unidentified beggar has been murdered by somebody with incised weapon. ApplicantNawal Kishore HCN 36I/C GRP, Jhalawar RoadDate : 15.8.2009"
(2.) The case of the prosecution is that the appellant on the night of 15.8.2009, with an incised weapon had committed murder of Dilip beggar. It is further case of the prosecution that during investigation, dagger (Kataar) having a long blade was recovered and thus, he had committed offence under Sec. 4/25 of Arms Act. The prosecution in all had examined fifteen witnesses. It is the case of circumstantial evidence. To secure conviction of the appellant, the prosecution has relied upon following incriminating circumstances: "(a) The appellant Mobin @ Bhuria was last seen with the deceased by Mohan Lal (P.W.3), Kunwar Singh (P.W.7) and Durgesh (P.W.12). (b) That weapon of offence i.e. dagger vide seizure memo Exhibit -P/10 was recovered from the appellant in pursuance of disclosure statement (Exhibit -P/15). (c) That on 23.8.2009, at 7:00 PM at the time of arrest of the appellant, shirt and pant were taken into possession which were having washed stains of blood. (d) According to the report of FSL (not exhibited) clothes of the deceased, weapon dagger recovered from the accused and clothes recovered from the accused, were having human blood of origin Group B."
(3.) Relying upon above incriminating circumstances, the court of Additional Sessions Judge (Fast Track) No. 1, Kota, vide impugned judgment dated 1.8.2011 convicted the appellant for the offences under Ss. 302 IPC and Sec. 4/25 of Arms Act and sentenced the appellant as under: - - "U/s. 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 1,000/ -, in default of payment of fine to further undergo one month S.I. U/s.4/25 Arms Act - to undergo six months R.I. and to pay a fine of Rs. 200/ -, in default of payment of fine to further undergo seven days S.I.";