Kanwaljit Singh Ahluwalia, J. - (1.) Ishwar Singh son of Ram Singh has directed the present appeal to assail the judgment dated 23.5.2011 rendered by the Additional Sessions Judge (Fast Track) No.1, Kota whereby the appellant was convicted for offence under Section 302 IPC. Vide a separate order of even date, the trial Judge sentenced the appellant to undergo life imprisonment for offence under Section 302 IPC and directed the appellant to pay a fine of Rs.2,000/-, in default thereof to undergone one month simple imprisonment. The trial Judge further ordered that the period already undergone by the appellant during the period of trial shall be set-of from the sentence awarded.
(2.) Case of the prosecution is that after 6.30 PM on 23.5.2009 and before morning of 24.5.2009, appellant by giving blows with stone caused murder of Ganesh and thereby committed offence punishable under Section 302 IPC. Criminal proceedings were set into motion on the basis of written report (Ex.P.3) presented by Nanu Gurjar (PW.3). Constable Shivraj (PW.10) in court deposed that on 24.5.2009 he was posted as Constable at Police Station Bheemganj Mandi. On that day at 8.35 AM on the instruction given by SHO, he along with ASI Om Prakash and Constable Karan Singh reached near Ummed Palace. Upon reaching there he found that beneath a tree a dead body was lying. In front of him, Mangal Gurjar on the basis of details given by Nanu Gurjar (PW.3), had written a report (Ex.P.3) and in turn he had submitted the report before Chandan Singh (PW.15) who was then posted as SHO, Police Station Bheemganj Mandi. The witness stated that on the basis of written report (Ex.P.3), formal FIR bearing FIR No.136/09 (Ex.P.8) was registered at Police Station Bheemganj Mandi for offence under Section 302 IPC. We shall reproduce the true translation of written report (Ex.P.3) as under:- To, The SHO, P.S. Bheemganj Mandi, Kota. Sub.: Regarding murder of my maternal uncle Ganesh s/o Chhogalal Gurjar by unidentified person. Sir, It is submitted that my maternal uncle Ganesh s/o chhogalal Gurjar, aged 45 years, was residing in Nanda Ki Bari, Near Kehdli Phatak, Kota. He was engaged in the business of selling milk. Yesterday evening at 6.30 PM he left the house by saying that meals be cooked and he is returning. However, he did not return for whole night. At 10.00 PM in night his sons Hari, and Sawara went in search of him. In morning at 6.30 AM both his sons along with mother Laxmi Bai reached near Ummed Bhawan Palace and found that beneath a tree, dead body of Ganesh was lying. Head of the dead body was smashed with a stone. Blood was lying beneath the head. Near the dead body, an empty quarter of liquor and a bottle of water was lying. Near the dead body, a big stone stained with blood was also lying. Some unidentified persons had murdered my maternal uncle Ganesh. Written report is presented. Action be taken.
(3.) From perusal of the written report (Ex.P.3), following facts are discernible:- (a) That the deceased at 6.30 PM in the evening left the house by saying that meals be cooked and he is returning. (b) That the deceased did not return for whole night and his wife and sons had gone in search of him on the next day morning at 6.30 AM. (c) Next day in the morning dead body was found near Ummed Palace, beneath a tree. (d) That head of the deceased Ganesh was smashed with a stone and a stone having blood stains was lying near the dead body. (e) That near the dead body, a quarter of liquor and an empty bottle were lying.;