Dinesh Chandra Somani J. - (1.) This criminal appeal has been preferred by Om Prakash @ Nanchhoo accused-appellant under Section 374 (2) of Cr.P.C., 1973 who has been convicted and sentenced by the learned Additional Sessions Judge (Fast Track), Chomu, Jaipur, District Jaipur vide judgment dated 02/12/2008 in Sessions Case No. 26/2007.
(2.) After conviction, the accused-appellant was sentenced as follows : For the offence under Section 302 IPC sentenced to life imprisonment with a fine of Rs. 5,00/- and in default of payment of fine to further undergo three months additional simple imprisonment. For the offence under Section 201 IPC sentenced to five years simple imprisonment with a fine of Rs. 2,00/- and in default of payment of fine to further undergo one month's additional simple imprisonment. Both the sentences was ordered to run concurrently.
(3.) The prosecution story in brief is that on 17/07/2007 at about 10.30 PM one Kailash Chand Sharma (PW-9) gave information from village Nangal Siras through telephone to the SHO, Police Station Harmada, Jaipur to the effect that one person and a motorcycle are be on fire in Johad of railway-line phatak in Talai. The person who raised fire, fled on motorcycle towards Chomu, who may be two also etc. After conveying this information to the higher officers, SHO Rajendra Singh CI proceeded to the spot along with the police force. On reaching the police party on the spot, one Madan Lal Meena (PW-1) submitted a written report (Ex. P-1) on 18/07/2007 at 6.10 AM to the effect that he is Sarpanch of Nangal Siras. On 17/07/2007 at 10:30 PM in night, one Kailash of Village Daulatpura Panchayat Nangal Siras informed him on mobile that some unknown person put a man under a motorcycle, raised fire and fled, which place is near railway phatak and Talai of Nangal Siras. On information of Kailash, he reached on spot and saw that many villagers were assembling there and a burning motorcycle was lying on an unknown person. Motorcycle and the man have been burnt to much extent. Kailash was informed by Kaluram Jat of the village and it was told that police has been informed by Kailash. The deceased is not known. It appears that some unknown persons killed him to commit his murder and raised fire on motorcycle and the person in order to hide the identity etc.;