MOHAMMAD RAFIQ,J. - (1.) This jail appeal on behalf of accused-appellant Yogendra Singh @ Jogendra Singh challenges the judgment dated 25.08.2015 of the court of learned Additional Sessions Judge, Bandikui, District Dausa, in Sessions Case No.19/2012, whereby the trial court has convicted the accused-appellant for offence under Section 302 of the Indian Penal Code (for short, 'the IPC') and sentenced him to undergo life imprisonment with fine of Rs.10,000/- (Rupees ten thousand only). In default of payment of fine, he was ordered to further undergo six months simple imprisonment.
(2.) Briefly stated the facts of the case are that complainant Kailash gave a written report on 31.01.2012 at Police Station Baswa stating therein that his elder brother Ramaotar @ Punya Gurjar, was doing the labour work at Jaipur for last about two months. While the information was going to Baswa on that date at 08:00 AM in the morning for the labour work, the informant found his dead on the way at a distance of 200 meter from their hamlet. There was an injury on the temple of his right side caused by sharp edged weapon. There were also injuries on his face, nose and teeth. He was found lying in the pool of blood. It was stated that some unknown person has killed his brother Ramaotar. On that basis, the police registered F.I.R. No.25/2012 for offence under Section 302 I.P.C. and commenced investigation. The accused-appellant was arrested during investigation. Charge-sheet was filed against him for offence under Section 302 I.P.C. in the court concerned, which took cognizance against the accused-appellant and case was registered. Since the case was exclusively triable by the court of Sessions, the learned Additional Chief Judicial Magistrate, Bandikui, committed the same to the court of Additional Sessions Judge, Bandikui, District Dausa. The charge of offence under Section 302 IPC was framed against the accused-appellant. He denied the charge and claimed trial. The prosecution examined as many as twenty witnesses and exhibited thirty-one documents from Exhibit P-1 to Exhibit P-31. The accused-appellant was examined under Section 313 of the Code of Criminal Procedure and claimed himself to be innocent. He did not produce any evidence in defence.
(3.) After conclusion of the trial, learned trial court convicted and sentenced the accused-appellant in the manner indicated above. Hence this appeal.;