SHIV KUMAR SHARMA,J. - (1.) The appellant was put to trial before the learned Additional Sessions Judge Khetri District Jhunjhunu, who vide judgment dated April 24, 2002 convicted the appellant under section 302 IPC and sentenced him to suffer imprisonment for life and fine Rs. 1000, in default to further suffer three months simple imprisonment.
(2.) The prosecution case as unfolded during trial is as under : On May 30, 2000 the informant Bhagirath Mal (Pw.3) submitted a written report (Ex.P-1) at Police Station Khetri Nagar with the averments that on May 28, 2000 around 10/10.30 PM while his nephew Gopal was sleeping on the roof of his house along with his cousins Kajod and Sushil, his neighbour Rajesh (appellant) called Gopal to come down and asked Gopal to accompany him. At the time of leaving the house Rajesh informed Kajod that they were going to quench their thirst. When Gopal did not return till the next day Morning, Kajod went to the house of Rajesh in search of Gopal, where mother of Rajesh informed that Rajesh had gone to village Gudha to meet his sister but on being enquired it was revealed that Rajesh did not go to village Gudha. On May 30, 2002 dead body of Gopal was found in a well. Police Station Khetri Nagar on that report registered a case for the offence under section 302 IPC and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Khetri District Jhunjhunu. Charge under section 302 IPC was framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 13 witnesses. In the explanation under Section 313 Cr.PC., the appellant claimed innocence. No witness In defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.
(3.) We have heard the learned counsel for the parties and carefully scrutinised the material on record.;