JUDGEMENT
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(1.) In this cr. appeal the judgment dated 26.4.2007 passed by the learned Addl. Sessions Judge, Didwana, District Nagaur in Sessions Case No.21/2006 is under challenge whereby the learned trial court convicted the accused appellant for the offence under Section 302 and 447 IPC and passed the following sentence:
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(2.) As per brief facts of the case, upon receiving information on 30.9.2006 at Police Station Jaswantgarh with regard to murder of deceased Deva Ram by unknown person, the SHO Police Station reached on spot in the agricultural field of Deva Ram at village Jeslan. On spot son of the deceased Sohan Lal (PW 7) submitted a written report (Ex.P/3) in which it is stated that my father Deva Ram was employee of Water Works Department, he was posted at Government Well of village Jeslan. On 29.9.2006, the crop of Moth was lying in the agricultural field, therefore, I and my father after taking meal went to our agricultural field. In between 9.30 to 10'O Clock while leaving my father at the agricultural field I came back to the home. In the morning at 9.00-9.30 a.m. my younger brother Suresh went to the agricultural field for dropping food for animals, where he saw that his father was lying upon cot and there were number of injuries upon his head and blood came out from the injuries. One Tripal was also lying there. Suersh came back to the home and narrated whole of the situation of the site of occurrence.
(3.) Upon aforesaid information, the complainant went on spot and saw that his father is lying dead and there were injuries upon his head and ear and blood was lying upon the cot as well as under the cot. The complainant apprehended that some unknown person murdered his father causing injuries by axe and rod, so also, Rs.5,000/- lying with his father were also not found.;
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