SHIV KUMAR SHARMA,J. - (1.) THE appellant seeks to set aside the judgment dated August 27, 2002 of the learned Additional Sessions Judge (Fast Track) Sikar, whereby the appellant was convicted and sentenced as under: Under Section 302 IPC: To suffer imprisonment for life and fine of Rs. 1000/ -, in default to further suffer two months imprisonment.Under Section 364 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 500/ -, in default to further suffer one month imprisonment. Sentences were directed to run concurrently.
(2.) IT is the prosecution case that on April 21, 2001 at 12.30 PM when the SHO Police Station Sadar Sikar reached to the village Deep Pura Rajaj Ji, Badri Prasad (PW. 3) handed over a written report (Ex.P -9) and appellant Ram Lal to the SHO. It was inter alia stated in the report that the appellant who had been employed for agricultural work some time back, came to his Dhani on April 20, 2001 and took his son Gheesa Ram, aged 9 years, with him on the pretext of providing toffee. When Gheesa Ram did not return back, he was vigorously searched in nearby villages but he could not be located. The appellant was however found sleeping in Tikuram ki Dhani. On being asked Gheesa Ram, appellant confessed before the villagers that he had killed Gheesa Ram and pushed the dead body in a lonely well. On that report case under Sections 302 and 364 IPC was registered and investigation commenced. Necessary memos were drawn, statements of witnesses were recorded, dead body was subjected to autopsy, appellant was arrested and on completion of investigation charge sheet was filed against appellant. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Sikar. Charges under Sections 363, 364 and 302 IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 19 witnesses. In the explanation under Section 313 CrPC, the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above. We have heard learned Amicus Curiae, learned Public Prosecutor and with their assistance scanned the record.
(3.) AS per postmortem report (Ex.P -12) following ante mortem injuries were found on the dead body: 1. Lacerated wound 5 x 2 x 1cm on occipital region with fracture of occipital bone and injury to brain matter. Dr. Shyam Sunder Sharma (PW. 7) who performed autopsy on the dead body opined that the cause of death was shock due to injury to brain. ;