- (1.) THE appellant, Mohan Lal, has instituted present appeal through Jail in order to assail the impugned judgment dated 30.06.2007 rendered by the Court of Additional District & Sessions Judge, Sambhar Lake, District Jaipur, whereby the appellant has been held guilty for offences punishable under Sections 302 and 201 of Indian Penal Code. Having convicted the appellant for the above said offences, the trial Court, vide a separate order of even date, sentenced him as under : - Under Section 302 I.P.C. to life imprisonment and to pay a fine of Rs.1000/ -. In default of payment of fine to further undergo three months simple imprisonment. Under Section 201 I.P.C. to one year rigorous imprisonment and to pay a fine of Rs.250/ -. In default of payment of fine to further undergo one month simple imprisonment." All the sentences were ordered to run concurrently. Laduram (PW -2) had presented written -report (Exhibit -P/2) before Ramkishan (PW -13), In -charge, Police Station, Renwal, District Jaipur.
(2.) IN the written -report (Exhibit -P/2), Laduram (PW -2) stated that he is a resident of Village Dungarikalan. The grand -son of his brother -in -law was residing nearby Ringsia -ki -dhani. The name of the grand -son of his brother -in -law was Manohar s/o. Maliram, he was about nine -years old. On 24.08.2004, Manohar had left the house; and after extensive search, his whereabouts were not found. On the morning of 07.09.2004 at about 10:00 P.M. Smt. Shrawani Devi (PW -4), the mother of Manohar came to the complainant and said that accused had approached her and asked her to pay Rs.5000/ - and he will also arrange an equal amount for providing treatment to Manohar, who had suffered injuries in the accident. The accused, however, told Smt. Shrawani Devi not to narrate this fact to anybody. As per asking of Mohan, Smt. Shrawani, along with the complainant reached at Railway Station, Renwal at 12:00 noon. There Mohan met them and first he told them Manohar is at Jaipur and when they after giving assurance asked him few questions, then accused told that Manohar has been killed by him and he has kept his dead -body below the culvert of the river. The complainant along with the mother of deceased went to the place disclosed by the accused and found one nikar, shirt and skeleton of the body. Smt. Shrawani Devi, after reaching at the spot identified the clothes to be of deceased Manohar. This witness further stated that accused Mohan Lal had committed murder of Manohar. On the basis of the written -report (Exhibit -P/2), a formal First Information Report, bearing No.135/2004 was registered at Police Station, Renwal, District Jaipur (Exhibit -P/3).
(3.) THE above said First Information Report was investigated. A report to this effect under Section 173 of Code of Criminal Procedure, 1973 was submitted. The report of investigation along with the accused was committed to the Court of Sessions and the same was entrusted for trial to the Court of Additional District and Sessions Judge, Sambhar Lake, District Jaipur. The appellant was charged for offences punishable under Section 302 and 201 of Indian Penal Code.;