R.S. Chauhan, J. - (1.) AGGRIEVED by the judgment dated 11th March, 2005 passed by the learned Additional Sessions Judge, (Fast Track) No. 2, Sikar, the appellant, Chet Ram @ Maghla @ Vinod has sent the present appeal from the jail.
(2.) BY the said judgment, the learned Judge had convicted the appellant for offence under Sections 302 and 201 IPC. By an order of even dated, the learned Judge had sentenced him as under: - - In a nut -shell, the facts of the case are that on 23rd June, 2004, Tara Chand (PW.3) telephonically informed the Police Station Raghunathgarh that in the village pond called 'Peerawala', there is a dead body of a man. It seems that he has died of drowning. Upon this information, the police personnel left for the village. At the spot, Kishna Ram (PW.1) gave a written report (Ex. P1) to Toda Ram (PW.23). The report, when translated into English, reads as under: - - "To, The Station House Officer, Police Station, Raghunathgarh. Subject: For lodging report regarding murder of my younger brother, Nand Kumar. Sir, It is respectfully submitted that on 21st June, 2004 my younger brother, Nand Kumar S/o. Kushala Ram by caste Balai (Riva), resident of Daulatpura, post Katrathal left the house. Today, on 23rd June, 2004, around 6.00 PM, I learnt from the villagers that near Katrathal, in a pond situated at Peerawala a dead body of a man has been discovered. I went to the said place and I saw that the corpse is of my younger brother, Nand Kumar. Someone has killed Nand Kumar on 21st June, 2004 itself and in order to hide the crime has left his body in the pond. Nand Kumar has suffered sharp injuries on his neck. There are other injuries on his body. Santra Devi, the wife of my younger brother Nand Kumar, is a characterless person. Both Chet Ram Balai Birol and Jhabarmal Balai, resident of Badalwas, frequently visit her. I suspect that these persons have killed my brother, Nand Kumar. Applicant (Kishna Ram Balai) Daulatpura." Dated: 23.6.2004.
(3.) ON the basis of this written report (Ex. P.1) the police chalked out a formal First Information Report (Ex. P.26) namely, FIR No. 100/2004 for offence under Sections 302, and 201 IPC.;