Manoj Kumar Garg, J. - (1.) Instant criminal appeal has been filed by the appellants under Section 374(2) of Cr.P.C. against the judgment and order dated 07.02.2013 passed by the learned Add. Sessions Judge, Deedwana, Distt. Nagaur in Sessions Case No. 16/2010 whereby, the trial court convicted the present appellant for the offence under Section 302 IPC and sentenced him to undergone life imprisonment alongwith fine of Rs. 1000/-, in default of payment of fine to undergo one month simple imprisonment.
(2.) As per brief facts of the case, the complainant Shambhu Singh (PW/4) lodged a written report before the S.H.O. Police Station, Molasar on 28.07.2010 stating that in the morning, Ganga Singh S/o Amar Singh was sleeping in his room and complainant was sleeping nearby, at about 3.30 AM, the appellant Bhawani Singh came and inflicted blows with a sharp edged weapon on Ganga Singh. The blood started oozing out which spread on the cot and the floor. The complainant took his father Ganga Singh to the Government Hospital, Molasar but since the injured was in serious condition, he was referred to move to Sikar Hospital. When they reached Sikar Hospital, the doctor examined Ganga Singh and declared him dead.
(3.) The aforesaid information was exhibited as Ex.P/8. A formal FIR No. 82/2010 was lodged at Police Station, Molasar for offence under Section 302 IPC. After registration of FIR (Ex.P/14), regular investigation was conducted and accused appellant was arrested. The police after thorough investigation filed a challan against the accused appellant before the court of Additional Chief Judicial Magistrate, Deedwana from where the case was transferred to the court of Addl. Sessions Judge, Deedwana for trial where charges were framed against the appellant for offence under Section 302 IPC.;