Prakash Gupta, J. - (1.) By this criminal appeal filed under Section 374 Cr.P.C. the appellant seeks to challenge the judgment of conviction and order of sentence dated 13.11.2003 passed by the learned Additional Sessions Judge (Fast Track) No 1, Alwar in Sessions Case No. 64/2003 whereby the appellant has been convicted and sentenced as under:- 1. Under Sections 302 IPC to undergo life imprisonment and to pay a fine of Rs. 5,000/- and in default thereof, to further suffer rigorous imprisonment for one year. 2. Under Section 4/25 of the Arms Act to undergo one year's rigorous imprisonment and to pay a fine of Rs. 1,000/- and in default thereof, to further suffer rigorous imprisonment for three months.
(2.) Both the sentences have been ordered to be undergone concurrently.
(3.) The facts of the case as summarised are that on 18.3.203, Ramesh Chand Sharma (PW.3) submitted a written report (Ex.P.1) to the Police Station, Kotwali, Alwar. The said written report when translated into English reads as follows:- To, Sriman Kotwal Saheb Police Station, Kotwali, Alwar Sir, It is submitted that today at 6.30 AM, as part of their daily routine, our children were brushing their teeth on the roof and when they went to spit in the street, they saw a man lying there, who was bleeding from his mouth. They came to me and disclosed this fact. After getting the said information from the children, called a few people and along with them went to check on that person. There was an injury on his neck and he seemed dead. Blood was flowing in the drain. Report is submitted, action be taken. Applicant sd/- Ramesh Chand Sharma S/o Shri Ghanshyam Das Sharma, behind the Tehsil, Alwar dt. 18.3.2003 ;