Nisha Gupta, J. - (1.) THIS appeal has been preferred against the judgment dated 21.4.2004 rendered by the additional Sessions Judge (Fast Track) Sikar in Sessions Case No. 8 of 2004 whereby, the accused appellant has been convicted for offence under Sections 447 and 302 IPC and has been sentenced as under: For offence under Section 447 IPC: Rigorous Imprisonment for three months and to pay a fine of Rs. 500 and in default thereof to undergo simple imprisonment for fifteen days. For offence under Section 302 IPC: Life Imprisonment and to pay a fine of Rs. 1,000 and in default thereof to undergo imprisonment for six months. The facts giving rise to this appeal in brief are that Bhanaram (PW 1) submitted a written report (Ex. P1) at Police Station Laxmangarh, District Sikar on 21.8.2003 with the contention that he is resident of Dudwa Tehsil Laxmangarh. His younger brother Ramdeva Ram and his son Hoshiyar Singh used to sleep in the agriculture fields. In the night, some body murdered Ramdeva Ram and nephew Hoshiyar Singh. There are trails of motorcycle and 'chappal' (footwear). Ramdeva Ram received injuries on neck by an axe and he was murdered while he was asleep on the cot outside the thatched hut. On this written report (Ex. P1), first information report bearing FIR No. 178/2003 (Ex. P2) was registered at Police Station Laxmangarh, District Sikar for offence under Section 302 read with Section 34 IPC on 21.8.2003. After; completion of investigation, police filed charge -sheet against appellant for offence under Sections 447 and 302 IPC and he was put to trial, which was entrusted to the Court of Additional Sessions Judge (Fast Track) Sikar.
(2.) AFTER committal, the charges were framed against the accused -appellant for offence under Sections 447 and 302 IPC, which were read over to him but he denied charges and claimed trial. To support the case, the prosecution examined 22 witnesses as PW 1 to PW 22 and exhibited forty eight documents as Ex. P1 to Ex. P48 where as accused was examined under Section 313 Cr.P.C. and defence exhibited seven documents as Ex. D1 to Ex. D7 in the shape of statements of Bhanaram, Girdhari Singh, Smt. Ram Kauri, Smt. Sumitra, Ramchandra, Parmesh Chandra and Lekh Ram recorded under Section 161 Cr.P.C.
(3.) AFTER conclusion of the trial, the accused was convicted and sentenced for the aforesaid offences in the manner stated hereinabove.;