- (1.) In this cr. jail appeal the appellant Ram Niwas is challenging validity of the judgment dated 10.8.2006 passed in Sessions Case No.26/2006 (Old No.8/2006) arising out from FIR no.55/2006 Police Station Merta City by the Special Judge, SC/ST (Prevention of Atrocities) Cases-cum-Addl. Sessions Judge, Merta whereby the accused appellant was convicted for offence under Section 302 IPC and acquitted from the charge leveled against him under Section 326 IPC.
(2.) As per the facts of the case, the complainant Hanuman Ram (PW 1) son of the deceased Poona Ram and brother of the accused appellant Ram Niwas filed written complaint (Ex.P/1) on 9.3.2006 under his thumb impression in which following allegations were made: 1641994-1
(3.) Upon aforesaid written complaint, FIR no.55/2006 (Ex.P/13) was registered at Police Station Merta City, District Nagaur at 11.00 pm. The Investigating Officer went on spot in the morning and prepared Panchayatnama (Ex.P/3) of dead body at 8.15 am on 10.3.2006, so also, the condition of dead body on spot was also recorded at 8.40 am vide Ex.P/2. The dead body of Poona Ram was sent to the Primary Health Center, Jasnagar, District Nagaur for post mortem. The post mortem of the body was conducted and post mortem report (Ex.P/14) was given by the medical officer. Thereafter, the dead body of the deceased Poona Ram who was 80 years of age was handed to the complainant Hanuman Ram son of deceased for cremation.;