R.S.CHAUHAN, J. - (1.) HAVING allegedly murdered Raghunath, having been convicted for offence under Section 302 IPC, having been sentenced to life imprisonment, imposed with a fine of Rs.500/ -, and directed to further undergo one month of simple imprisonment in default thereof, by judgment dated 13.1.2005 passed by the Additional Sessions Judge (Fast Track) No.1, Jaipur District, Jaipur, the appellant, Nasir Khan, has approached this court.
(2.) BRIEFLY , the facts of the case are that Laduram (P.W.1) had lodged a written report (Ex.P.1) which is as under: - To, The In -charge Sahab, Police Station Sanganer. Sir, My brother, Raghunath S/o. Bhagwan Sahai Meena, manufactures iron grills and shutters. Yesterday, on 8.5.2003, his friends were playing cricket and he was watching them. His brother left with his friends towards the Kabristan (cemetery). He did not return back home at night. This morning, we came to know that a dead body of a man is lying in the Kabristan. When we looked at the body, we realized that it was the dead body of my elder brother, Raghunath Meena. Someone has killed him. I am filing this report, so that legal proceedings can be initiated. Dt.9 -5 -03 Sd/ - Laduram
(3.) THIS report was given at the cemetery and was sent by the police to the police station. Consequently, a formal FIR (Ex.P.38), FIR No.255/03, was chalked out for offence under Section 302 IPC and investigation began. During the course of investigation, on 10.5.2003 the police arrested the appellant, Nasir. Allegedly, upon his information, the police recovered a pair of slippers, a broken piece of wood, a thick stick, a pair of pant, and shirt belonging to him. After completing the investigation, police filed a charge -sheet against Nasir for offence under Section 302 IPC before the Judicial Magistrate, First Class, Sanganer. The case was committed to the learned Sessions Judge, Jaipur. It was transferred to the court of Additional Sessions Judge (Fast Track) No.1, Jaipur District. In order to support its case, the prosecution examined twenty -one witnesses and submitted forty documents. In turn, the defence examined three witnesses and submitted four documents. After going through the oral and the documentary evidence, the learned Judge convicted the appellant, Nasir, for offence under Section 302 IPC and sentenced him, as aforementioned, by judgment dated 13.1.2005. Hence, this appeal before this court.;