- (1.) In this criminal appeal filed under Section 374 (2) Cr.P.C., the appellant, Hema Ram has challenged the validity of judgment dated 31st October, 2013 passed by learned Additional Sessions Judge, Parbatsar, District Nagaur, in Session Case No.46/2011, by which the appellant was convicted for the offence under Section 302 of IPC and sentenced for life imprisonment along with fine of Rs.5,000/-, and in default of payment of fine to undergo one month's simple imprisonment.
(2.) Briefly stated, the facts of the case are that complainant, Banwarilal (PW.7) lodged a written report (Exhibit-P/10) at Police Station-Kuchamancity, stating therein that his cousin brother, Vinod Kumar, was going on his motorcycle No. RJ-21-SG-7248 on 04.05.2011 at about 05.00 PM to village Palada. At that time, appellant Hema Ram while plying his jeep No.RJ-19-C-2439 rashly hit the motorcycle of Vinod Kumar from behind with an intention to commit murder of Vinod Kumar. As per allegations of the complainant, few days before appellant, Hema Ram and his wife lodged an FIR for the allegation of rape against Vinod Kumar, in which the police after investigation filed a negative final report. As per complainant, Hema Ram, and his wife, Smt. Sushila, intended to grab money from Vinod Kumar, therefore, the said false case was registered by them and thereafter upon filing negative final report, they threatened Vinod Kumar and consequentially with an intention to kill him, accused Hema Ram hit the motorcycle of Vinod Kumar at 05.00 on 04.05.2011 on the way from Kuchamancity to village Palada and due to said hit, Vinod Kumar fell down and on account of injuries suffered, he died on the spot.
(3.) Upon the aforesaid written report (Ex.P/10), F.I.R. No.102/2011 was registered at Police Station Kuchamancity against accused appellant for the offence u/s 302 of IPC. In the said FIR after investigation, a charge sheet was filed against the appellant in the court of Judicial Magistrate, First Class, Kuchamancity from where the case was committed to the court of Addl. Sessions Judge, Parbatsar, District-Nagaur for trial.;