G.K.VYAS,J. - (1.) The instant Criminal Appeal has been filed under Section 374 Cr.P.C. by the appellant, Darshan Singh @ Raju @ Rajenda Singh, challenging the validity of the judgment dated 15 th of January, 2011 passed by learned Additional Sessions Judge (Fast Track) Anupgarh, HQ Suratgarh, District: Sri Ganganagar, in Session Case No.8/2008, by which the appellant was convicted for the offence under Section 302 of IPC and was sentenced to life imprisonment with a fine of Rs.10,000/-.
(2.) Brief stated, the facts of the case are that complainant, Ramchandra S/o Nirna Ram, submitted a written report on 05.11.2006 at about 08.15 AM at Police Station Suratgarh District Sriganganagar alleging therein that on 04.11.2006 at about 06.00 PM one Sahiram Saharan, came to his house and asked my brother Om Prakash to accompany him. Upon asking my brother went along with him in the vehicle Spacio and the complainant went along with his another brother Mansaram (PW.19) in their agricultural field. When the complainant was returning back at about 08.30 PM, with Mansa Ram to the house, they heard some noise near the house of the accused appellant, they immediately went near the house and saw that the vehicle was standing outside the house of appellant Raju and inside the house of appellant, appellant Raju was holding the throat of Om Prakash, and by other hand causing injuries by knife in the stomach of Om Prakash. According to complainant, when they reached on the spot, accused Raju ran away from the spot. They immediately took the injured brother Om Prakash to hospital at Suratgarh, from where he was referred to Govt. Hospital, Bikaner, however, in the way to Bikaner, Om Prakash expired.
(3.) Upon the aforesaid written report (Ex.P/32) a formal F.I.R. No.746/2006 was registered at Police Station- Suratgarh under Section 302 IPC against the accused appellant. After registration of the FIR, investigation was commenced and during the investigation, after through search the appellant was arrested on 07.12.2006, upon his information under Section 27 of the Evidence Act, the weapon knife was recovered vides Ex.P/10 in the presence of Krishanchandra and Daluram.;