MOHAMMAD RAFIQ,J. - (1.) This appeal has been filed by the accused-appellant Narendra Singh challenging judgment dated 14.08.2007 passed by Additional Sessions Judge(Fast Track) No. 2, Jaipur City, Jaipur(for short 'the trial court') whereby the accused-appellant has been convicted for offences under Sections 302 and 201 IPC. For offence under Section 302 IPC, he has been sentenced to life imprisonment and fine of Rs. 10,000/-, in default of payment of fine, he was to further undergo six months' simple imprisonment. For offence under Section 201 IPC, he has been sentenced to three years' simple imprisonment and fine of Rs. 1,000/-, in default thereof, he was to further undergo two months' simple imprisonment. Both the sentences were ordered to run concurrently.
(2.) Facts of the case as emerging from the record are that a written report(Exhibit P-54) was submitted by Jahid Ali(P.W.1), Manager, Anjum Guest House, Ramganj Bazar, Jaipur to S.H.O. Police Station Ramganj, Jaipur stating therein that on 05.04.2006 at about 3.50 P.M., two boys came to his guest house and stayed in Room No. 126. One of them disclosed his identity as Mukesh son of Birham Singh and of another boy, as Saurabh. Mukesh was aged about 25 years and Saurabh was aged about 17 years. Aforesaid room was locked since 06.04.2006. On 08.04.2006, servants of the hotel felt something stinking in the aforesaid room. When they peeped into the room from the window, one person was seen lying on the bed. Therefore, they made a phone call to the police that dead body of one out of two persons staying in the aforesaid room of the hotel, was lying in that room, who had died due to unknown reasons. Action be taken against the culprits. The matter was entrusted to Kamal Nayan(P.W.19) for proceedings under Section 174 Cr.P.C., 1973 He submitted his bring report along with Post Mortem Report(Exhibit P-25) and other material before SHO, Police Station Ramganj, Jaipur at 8.40 A.M. on 12.04.2006. In earlier part of the written report, the facts alleged in the complaint by Jahid Ali(P.W.1), were reiterated, but in the later part it was stated that key of the room was with either of the two boys, who stayed therein and therefore, the lock had to cut by cutter. Dead body of one person was found lying on left side of the double bed. Blood was spread over the floor and also on the bed sheet. The bed sheet was giving stinking smell. After preparation of inquest, dead body was removed to S.M.S. Hospital, Jaipur for being placed in deep fridge. Bed sheet, glass, suitcase('attachy'), clothes, shoes and lock, which was cut for opening the room, sample of blood spread on the ground and other liquid and register of the hotel were seized. Place of incident was photographed during proceedings under Section 174 Cr.P.C., 1973 and site plan was prepared.
(3.) That the police team was deputed to go to the place, which was noticed from the sticker affixed to the collar of the shirt of the deceased, which led the police to Rohitash, maternal grand father of the deceased and Mordhwaj(P.W.3), maternal uncle of the deceased. They disclosed identity of the deceased as Saurabh son of late Mahesh Chand caste Brahman, aged 16 years resident of Village Khalore, Police Station Jahagirabad, District Bulandshahar(UP). They told that he had gone to Gujarat with Narendra son of Bhram Singh caste Jat, aged 22-23 years resident Khalore District Bulandsahar to earn his livelihood. When Narendra returned back to his native, Rohitash enquired well being of Saurabh from him. Thereupon, he told that Saurabh had got down from the train. Post mortem of the deceased was conducted and viscera was preserved for chemical examination. In the report, the Medical Board opined the cause of death to be asphyxia due to strangulation and fracture of C-3 and C-4 vertibra, which was sufficient in ordinary course of nature to cause death. It was a case of culpable homicide amounting to murder, punishable under Sections 302 and 201 IPC, therefore, FIR No. 183/2006(Exhibit P-55) was registered and investigation commenced. Upon completion of investigation, the police filed charge sheet against the accused-appellant before the Court of Additional Chief Judicial Magistrate, No. 4, Jaipur City, Jaipur which committed the case to the Court of Sessions Judge, Jaipur City wherefrom it was made over to the trial court. Trial court framed charges against the accused-appellant under Section 302 and 201 IPC, which he denied and claimed to be tried. In support of its case, the prosecution examined as many as 19 witnesses and exhibited 60 documents. Accused was examined under Section 313 Cr.P.C., 1973 wherein he pleaded innocence and stated that he has been falsely implicated in the case. Defence produced three witnesses and exhibited 15 documents. The trial court, on conclusion of trial, vide judgment and order dated 14.08.2007 convicted and sentenced the accused-appellant in the manner indicated above. Hence this appeal.;