Kanwaljit Singh Ahluwalia, J. - (1.) (Oral) - Dharmendra son of Shankar Singh, by caste Rajput, resident of Mahua, Mohalla Tikait, Police Station, Mahua, District Murena (M.P.), has preferred present appeal under Section 374 (2) Cr.P.C. in order to assail the impugned judgment dated 02.08.2010 rendered by the Court of Additional Sessions Judge, No.2, Sikar (Rajasthan), whereby the appellant was convicted for offences punishable under Sections 302 and 201 of Indian Penal Code.
(2.) Having convicted the appellant for the above said offences, the trial Court, vide a separate order of even date, sentenced the appellant as under:- For offence under Section 302 I.P.C. the appellant was sentenced to undergo life imprisonment and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo one month additional rigorous imprisonment. For offence under Section 201 I.P.C. the appellant was sentenced to undergo three years rigorous imprisonment and to pay a fine of Rs.1000/- and in default of payment of fine to further undergo one month additional rigorous imprisonment. (Both the sentences were ordered to run concurrently)
(3.) Balaram Choudhary (PW-19) on 05.12.2008 was posted as Station House Officer, Police Station, Laxmangarh. He received a telephonic information that an unidentified dead-body is lying at Laxmangarh Salasar Road. Upon receipt of said information, this witness, along with his companion officials, namely Chetram, Balveer, Devendra, Pyarelal and Jaipal in a Government Jeep reached at the spot. Upon reaching at spot, he carried inspection and found that the age of the unidentified dead person was 24-25 years. At the spot, on mobile, he requisitioned F.S.L. Team, M.O.B. Team & Dog Squad, Sikar. Investigating Officer carried inspection of the spot. He found that unidentified dead person was wearing vest and underwear. He was also wearing socks of black colour. Investigating Officer further found that there was an injury on the head of the deceased. Along with the deadbody, dry blood was lying. He also found dry stains of the blood upto distance of about two kilometers towards Raj Hotel. On the western side also, he found dry blood trail upto a distance of half kilometer. Investigating Officer registered a case for offences punishable under Sections 302 and 201 I.P.C. Thereafter, a formal First Information Report (Exhibit-42) was registered. The said First Information Report through Constable - Devendra Singh was sent to the Police Station for formal registration of the case. Investigating Officer received number of F.I.R. being 325/2008. Thereafter, he prepared site-plan of the spot vide Exhibit-P/3. Inquest/Panchnama was also prepared and same was attested by Manish (PW-2), Laduram (PW-3) and Jagdish (PW-4). Investigating Officer also took into possession blood stained soil and the stains for the purpose of sample vide memo Exhibit-P/4. The controlled soil was also taken into possession vide memo Exhibit-P/5. Investigating Officer also took into possession a lock of hair, which was lying on the chest of the deceased. Investigating Officer also gathered blood stains from the road in the presence of Jagdish (PW-4) and Rakesh. The clothes worn by the deceased i.e. underwear, vest and socks were taken into possession vide memo Exhibit-P/10. The dead-body was sent for the Post Mortem. Investigating Officer has proved in his testimony the Post Mortem Report as Exhibit-P/29. Investigating Officer also took into possession the report submitted by the State Forensic Science Laboratory Rajasthan, Jaipur vide Exhibit-P/48.;